TDI Seeks Input on Water Damage Rules

The Texas Department of Insurance announced it is seeking public input on Article 21.55A, as enacted 78th Texas Legislature, Regarding Water Damage Claim Handling Procedures and Time Frames.

The purpose of Article 21.55A is to provide for the prompt, efficient, and effective handling and processing of water damage claims, to reduce the confusion and inconvenience relating to water damage claims, and to reduce claim costs and premiums for residential property insurance issued in this state.

The new article authorizes the Commissioner to adopt rules that identify the types of water damage claims that require more prompt, efficient, and effective processing and handling than that required under Article 21.55. The new article also authorizes the Commissioner by rule to regulate certain aspects of water damage claims.

TDI is seeking public input to determine if rules are necessary and/or to identify the types of water damage claims that may require more prompt, efficient, and effective processing and handling than that currently provided for under Article 21.55.

The department said those who submit comments may want to consider the following:
· Identify events that negatively impact the response to and settlement of water damage claims. Consider events within, and beyond, the control of a policyholder or insurer, or other entity involved with a water damage claim.
· Describe “best practices” in customer service that ensure water damage claims are paid in accordance with the policy and are not over-compensated or fraudulent.
· Existing recourse for policyholders in instances where a water damage claim is not properly handled.

Comments may be submitted electronically via e-mail or fax, or by regular mail to:

Personal & Commercial Lines Division
Fax: (512) 490-1014
E-mail: CommercialPC@tdi.state.tx.us.

or

Texas Department of Insurance
Personal & Commercial Lines (MC 104-PC)
ATTN: Article 21.55A
P. O. Box 149104
Austin, Texas 78714-9104.