Sec. 38.154. CONTENT OF CLOSED CLAIM REPORT FORM

(a) The closed claim report form adopted by the commissioner for a report under Section 38.153 must require information relating to:

(1) the identity of the insurer;

(2) the liability insurance policy, including:

(A) the type or types of insurance;

(B) the policy limits;

(C) whether the policy was an occurrence or claims-made policy;

(D) the classification of the insured; and

(E) reserves for the claim;

(3) details of:

(A) any injury, damage, or other loss that was the subject of the claim, including:

(i) the type of injury, damage, or other loss;

(ii) where and how the injury, damage, or other loss occurred;

(iii) the age of any injured party; and

(iv) whether an injury was work-related;

(B) the claims process, including:

(i) whether a lawsuit was filed;

(ii) where a lawsuit, if any, was filed;

(iii) whether attorneys were involved;

(iv) the stage at which the claim was closed;

(v) any court verdict;

(vi) any appeal;

(vii) the number of defendants; and

(viii) whether the claim was settled outside of court and, if so, at what stage; and

(C) the amount paid on the claim, including:

(i) the total amount of a court award;

(ii) the amount paid by the insurer;

(iii) any amount paid by another insurer;

(iv) any amount paid by another defendant;

(v) any collateral source of payment;

(vi) any structured settlement;

(vii) the amount of noneconomic compensatory damages;

(viii) the amount of prejudgment interest;

(ix) the amount paid for defense costs;

(x) the amount paid for punitive damages; and

(xi) the amount of allocated loss adjustment expenses; and

(4) any other information that the commissioner determines to be significant in allowing the department and the legislature to monitor the liability insurance industry to ensure its solvency and to ensure that liability insurance is available, is affordable, and provides adequate protection in this state.

(b) The department may require an insurer to include in a closed claim report information relating to payment made for property damage and other damage on the claim under the coverage.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.