US Laws, Codes, Statutes & Cases

LABOR CODE

CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH OF DUTY


	§ 416.001. CERTAIN CAUSES OF ACTION PRECLUDED.  An action 
taken by an insurance carrier under an order of the commissioner or 
recommendations of a benefit review officer under Section 410.031, 
410.032, or 410.033 may not be the basis of a cause of action 
against the insurance carrier for a breach of the duty of good faith 
and fair dealing.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2005, 79th Leg., ch. 265, § 3.284, eff. Sept. 1, 2005.


	§ 416.002. EXEMPLARY DAMAGES.  (a) In an action against 
an insurance carrier for a breach of the duty of good faith and fair 
dealing, recovery of exemplary damages is limited to the greater 
of:
		(1)  four times the amount of actual damages;  or                             
		(2)  $250,000.                                                                
	(b)  An action against a governmental entity or unit or an 
employee of a governmental entity or unit for a breach of the duty 
of good faith and fair dealing is governed by Chapters 101 and 104, 
Civil Practice and Remedies Code.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.