2021 Texas Statutes
Insurance Code
Title 5 - Protection of Consumer Interests
Subtitle C - Deceptive, Unfair, and Prohibited Practices
Chapter 542 - Processing and Settlement of Claims
Subchapter A. Unfair Claim Settlement Practices
Section 542.009. Review of Investigation Results; Hearing
Sec. 542.009. REVIEW OF INVESTIGATION RESULTS; HEARING. (a) On receiving the results of an investigation instituted under Section 542.007 or 542.008, the department shall review those results considering the standards of this subchapter to determine whether further action is necessary.
(b) If the department determines that further action is necessary, the department shall:
(1) set a date for a hearing to review the alleged violations of this subchapter; and
(2) notify the insurer of:
(A) the date of the hearing; and
(B) the nature of the charges.
(c) The department shall provide the notice required by Subsection (b)(2) not later than the 30th day before the date of the hearing.
(d) At a hearing under this section, the insurer may present the insurer's case with the assistance of counsel.
(e) Evidence relating to the number and type of complaints or claims prepared by the department from information received or compiled under Section 542.006, 542.007, or 542.008 is admissible in evidence at:
(1) the hearing; and
(2) any related judicial proceeding.
(f) The hearing shall be conducted in accordance with this code and rules adopted by the commissioner.
(g) An insurer may not be found to be in violation of this subchapter solely because of the number and type of complaints or claims against the insurer.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
