LABOR CODE

CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH OF DUTY


	§ 416.001.  CERTAIN CAUSES OF ACTION PRECLUDED.  An 
action taken by an insurance carrier under an order of the 
commission or recommendations of a benefit review officer under 
Section 410.031, 410.032, or 410.033 may not be the basis of a cause 
of action against the insurance carrier for a breach of the duty of 
good faith and fair dealing.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.                    


	§ 416.002.  EXEMPLARY DAMAGES.  (a)  In an action 
against an insurance carrier for a breach of the duty of good faith 
and fair dealing, recovery of exemplary damages is limited to the 
greater of:
		(1)  four times the amount of actual damages;  or                             
		(2)  $250,000.                                                                
	(b)  An action against a governmental entity or unit or an 
employee of a governmental entity or unit for a breach of the duty 
of good faith and fair dealing is governed by Chapters 101 and 104, 
Civil Practice and Remedies Code.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.