HBA-CBW H.B. 185 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 185
By: Burnam
Insurance
2/9/2001
Introduced



BACKGROUND AND PURPOSE 

Insurance agents usually issue a binder to provide initial coverage for
insurance applicants, which is in effect for 60 days for auto insurance and
90 days for homeowners insurance.  Under current law, during this time
period the insurance company may cancel the insurance policy for any
reason,  deny  coverage or place the applicant into a higher-priced plan.
Once the policy has been in effect beyond the binder period, policyholders
are generally protected from cancellation as long as they pay their
premiums, maintain their driver's license and auto registration, do not
commit fraud, and do not increase their degree of risk.  House Bill 185
prohibits an insurer from canceling a new policy based on the filing of a
claim or based on an accident or other incident unless the policyholder was
charged with an alcohol-related offense while operating a motor vehicle. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 185 amends the Insurance Code to prohibit an insurer from
canceling a personal automobile insurance policy that has been in effect
less than 60 days or any other policy that has been in effect less than 90
days if the reason for cancellation is based on a claim brought under the
policy that arose on or after the first day that the policy takes effect or
an accident or other incident that occurred on or after the first day that
the policy takes effect. The bill prohibits an insurer from making such a
cancellation regardless of whether the policyholder files a claim under the
policy, unless the policy is a personal automobile insurance policy and the
operator of the motor vehicle involved in the accident is charged with
consumption or possession of an alcoholic beverage in a motor vehicle, an
intoxication assault, intoxication manslaughter, or driving while
intoxicated.  

EFFECTIVE DATE

September 1, 2001, and applies only to an insurance policy that is
delivered, issued for delivery, or renewed on or after January 1, 2002.