Sec. 462.304. SERVICING FACILITY. (a) The association shall handle claims through:
(1) the association's employees or contract claims adjusters; or
(2) subject to the approval of the commissioner, one or more insurers designated as a servicing facility under a servicing agreement or loss portfolio transfer agreement.
(b) A member insurer may decline designation as a servicing facility.
(c) The association shall reimburse a servicing facility for obligations of the association paid by the facility and expenses incurred by the facility in handling claims for the association. The association shall reimburse a servicing facility under this subsection in a manner that is consistent with the applicable servicing agreement or loss portfolio agreement.
(d) The commissioner may revoke the designation of a servicing facility if the commissioner finds that servicing facility is handling claims unsatisfactorily.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 343 (S.B. 1063), Sec. 7, eff. September 1, 2019.
Structure Texas Statutes
Title 4 - Regulation of Solvency
Subtitle D - Guaranty Associations
Chapter 462 - Texas Property and Casualty Insurance Guaranty Association
Subchapter G. Association Powers and Duties Relating to Covered Claims
Section 462.302. Payment of Covered Claims
Section 462.303. Certain Determinations Not Binding
Section 462.304. Servicing Facility
Section 462.305. Limitation of Association's Liability
Section 462.306. Discharge of Policy Obligation
Section 462.307. Assignment of Rights
Section 462.308. Recovery From Certain Persons
Section 462.309. Stay of Proceedings; Certain Decisions Not Binding
Section 462.310. Settlement by Association Binding; Priority of Claim and Expenses