Statutory Text
1791. Notice of available benefits and limits.
1791.1. Disclosure of premium charges and tort options.
1791.2. Motorcycle marshals.
1792. Availability of uninsured, underinsured, bodily injury liability and property damage coverages and mandatory deductibles.
1793. Special provisions relating to premiums.
1794. Compulsory judicial arbitration jurisdiction.
1795. Insurance fraud reporting immunity.
1796. Mental or physical examination of person.
1797. Customary charges for treatment.
1798. Attorney fees and costs.
1798.1. Extraordinary medical benefit rate.
1798.2. Transition.
1798.3. Unfunded liability report.
1798.4. Catastrophic Loss Benefits Continuation Fund.
1799. Restraint system.
1799.1. Antitheft devices.
1799.2. Driver improvement course discounts.
1799.3. Limit on cancellations, refusals to renew, refusals to write, surcharges, rate penalties and point assignments.
1799.4. Examination of vehicle repairs.
1799.5. Conduct of market study.
1799.6. Conduct of random field surveys.
1799.7. Rates.
For the full text of SUBCHAPTER I MISCELLANEOUS PROVISIONS, see
Comprehensive Guide to Understanding Miscellaneous Provisions in Auto Insurance for Lawyers
Subchapter I: Miscellaneous Provisions Overview
Key Sections and Their Implications
Sec. 1791 - Notice of Available Benefits and Limits:
This section mandates that insurers provide clear, bold notices about available benefits and limits at the time of application. It ensures transparency and informed decision-making for policyholders.
Sec. 1791.1 - Disclosure of Premium Charges and Tort Options:
This provision requires insurers to itemize charges and inform policyholders about the available tort options, emphasizing the importance of understanding full and limited torts.
Sec. 1791.2 - Motorcycle Marshals:
A niche but essential provision, it clarifies the insurance status of motorcycle drivers in bicycle races.
Sec. 1792 - Uninsured and Underinsured Coverages:
Highlights the necessity for insurers to offer coverages for uninsured and underinsured motorists, a critical aspect in many accident claims.
Sec. 1793 - Special Provisions Relating to Premiums:
Addresses premium adjustments and outlines conditions under which premiums should not be increased.
Sec. 1794 - Compulsory Judicial Arbitration Jurisdiction:
Sets monetary limits for arbitration in motor vehicle-related actions.
Sec. 1795 - Insurance Fraud Reporting Immunity:
Provides immunity to those reporting insurance fraud, encouraging the reporting of fraudulent activities.
Sec. 1796 - Mental or Physical Examination of Person:
Allows for court-ordered mental or physical examinations in certain claim scenarios.
Sec. 1797 - Customary Charges for Treatment:
Regulates treatment charges to prevent overbilling in insurance claims.
Sec. 1798 - Attorney Fees and Costs:
Details the conditions under which attorney fees are calculated and awarded in insurance claims.
Sec. 1798.1 to 1798.4:
These sections deal with more specific aspects like medical benefit rates, catastrophic loss benefits, and unfunded liability reports.
Sec. 1799 - Restraint System:
Mandates premium discounts for vehicles with passive restraint systems, promoting safety.
Sec. 1799.1 to 1799.7:
These sections cover a range of topics from antitheft devices, driver improvement course discounts, to regulations on rate increases and vehicle repair examinations.
Practical Applications for Lawyers
Client Advising:
Lawyers can guide clients on the nuances of insurance policies, especially regarding tort options and coverage limits.
Litigation and Negotiation:
Understanding these provisions is crucial in litigating auto insurance claims and negotiating settlements, particularly in cases involving uninsured/underinsured motorists and fraudulent claims.
Policy Analysis and Compliance:
For lawyers working with insurance companies, ensuring policies comply with these provisions is essential.
