The Insurance Adjuster's Essential Guide
for Handling Texas Claims

Laws regulating the handling of claims can sometimes be confusing. Add to that the fact that many adjusters handle claims in multiple states, and the task of keeping the laws straight can be daunting. Education is simply the best way for adjusters and carriers to avoid extra-contractual liability. The Insurance Adjuster's Essential Guide for Handling Texas Claims was written as a service to the carriers and claims adjusters. This publication also forms the basis of the written materials for a seminar providing adjusters with two hours of continuing education credit in the area of ethics and consumer protection. This seminar has been approved by the Texas Department of Insurance for two hours for adjusters of all types.

Title Page, Author Page, and Table of Contents

Chapters

1. Introduction

2. Who are Texas Insurance Adjusters?

3. Sources of Ethical Standards

4. The Insurance Policy

5. Common Law Conflict of Interest

6. Privacy Issues

7. Prohibited Conduct under the Texas Insurance Code

8. Breach of the Duty of Good Faith and Fair Dealing

9. Proscribed Conduct under the Texas Insurance Code

10. Prompt Payment of First Party Claims

11. Issues Related to Handling Third-Party Claims

12. Coverage Issues and the Insurance Policy

13. Stowers Liability

14. The Texas Deceptive Trade Practices Act

15. Procedural Issues for DTPA and Insurance Code Claims

16. Conclusion

Appendices

A. Consumer Bill of Rights For Homeowners, Dwelling and Renters Insurance

B. Provisions From Homeowner and Auto Policies Relating to Insurer Duties After Loss

C. Map of Texas Counties

D. Map of Texas Metropolitan Statistical Areas, 2003

E. Map of Texas Counties With County Seat

F. Texas Prompt Payment of First Party Claim Worksheet

G. The Texas "Stowers" Liability Worksheet

H. Notice & Response Worksheet for Demands Pursuant to DTPA and Insurance Code

I. Texas Unfair Claim Settlement Practices