Sec. 2051.151. NOTICE OF CLAIMS INFORMATION TO POLICYHOLDER REQUIRED; ADMINISTRATIVE PENALTY  


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  • (a) Except as otherwise provided by Subsection (b), an insurance company that writes workers' compensation insurance in this state shall notify a policyholder of a claim that is filed against the policyholder's policy and, after the initial notice, the company shall notify the policyholder of:

    (1) any proposal to settle the claim; or

    (2) on receipt of a written request from the policyholder, any administrative or judicial proceeding relating to the resolution of the claim.

    (b) A policyholder may waive the notice required by Subsection (a).

    (c) An insurance company that writes workers' compensation insurance in this state, on the written request of a policyholder, shall provide to the policyholder:

    (1) a list of:

    (A) claims charged against the policy; and

    (B) payments made and reserves established on each claim; and

    (2) a statement explaining the effect of claims on premium rates.

    (d) The insurance company shall provide the information described by Subsection (c) in writing not later than the 30th day after the date the company receives the policyholder's written request for the information. For purposes of this subsection, information is considered to be provided to the policyholder on the date the information is:

    (1) received by the United States Postal Service; or

    (2) personally delivered to the policyholder.

    (e) An insurance company that fails to comply with this section commits an administrative violation under Subtitle A, Title 5, Labor Code.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 2, eff. April 1, 2007. Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 , Sec. 3B.041(a), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 921 , Sec. 9.041(a), eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1162 , Sec. 4, eff. September 1, 2011.