Sec. 1952.157. ACTION FOR FAILURE TO PAY BENEFITS. (a) If the insurer fails to pay benefits under the coverage required by this subchapter when due, the person entitled to those benefits may bring an action in contract to recover the benefits.
(b) If the insurer is required to pay benefits described by Subsection (a), the person entitled to the benefits is entitled to recover reasonable attorney's fees, a penalty of 12 percent, and interest at the legal rate from the date those amounts became overdue.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle C - Automobile Insurance
Chapter 1952 - Policy Provisions and Forms for Automobile Insurance
Subchapter D. Personal Injury Protection Coverage
Section 1952.151. Personal Injury Protection
Section 1952.152. Personal Injury Protection Coverage Required
Section 1952.153. Maximum Required Amount of Personal Injury Protection
Section 1952.154. Loss of Income Benefits
Section 1952.156. Payment of Benefits
Section 1952.157. Action for Failure to Pay Benefits
Section 1952.158. Exclusion of Benefits
Section 1952.159. Offset Against Liability Claim
Section 1952.160. Inapplicability to Accident or Health Insurance