reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter F - REINSURANCE › Section 7.623 - Change in Rating and Suspension or Revocation of Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) In the case of a downgrade by an NRSRO or
				  other negative change to rating criteria, the Commissioner will assign a new
				  rating to the certified assuming insurer in accordance with the requirements of
				  this subchapter and notify the certified assuming insurer in writing.
(b) If the Commissioner upgrades the assigned
				  rating of a certified assuming insurer, the certified assuming insurer may meet
				  the security requirements applicable to its new rating on a prospective basis,
				  provided that the certified assuming insurer posts security under the
				  previously applicable security requirements as to all contracts in force on or
				  before the effective date of the upgraded rating. If the Commissioner
				  downgrades the assigned rating of a certified assuming insurer, the certified
				  assuming insurer is subject to and must meet the security requirements
				  applicable to its new rating for all business it has assumed as a certified
				  assuming insurer.
(c) The
				  Commissioner may, after notice and opportunity for hearing as required under
				  Insurance Code §
										493.1038(b),
				  suspend or revoke a certified assuming insurer's certification at any time if
				  the certified assuming insurer fails to meet its obligations or security
				  requirements under Insurance Code Chapter 493 or this subchapter, including the
				  certified assuming insurer's financial or operating results, or documented
				  delays in payment by the certified assuming insurer that lead the Commissioner
				  to reconsider the certified assuming insurer's ability or willingness to meet
				  its contractual obligations.
(d) If
				  the Commissioner suspends or revokes the certification of a certified assuming
				  insurer, the ceding insurer may not continue to take credit for reinsurance
				  ceded to the assuming insurer unless the assuming insurer posts security in
				  accordance with Insurance Code §
										493.1038.
				  The Commissioner may allow up to 90 days for an order suspending or revoking an
				  assuming insurer's certification to become effective.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter F - REINSURANCE › Section 7.624 - Qualified Jurisdictions

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Commissioner determines that the jurisdiction qualifies to be recognized as a
				  qualified jurisdiction under Insurance Code §
										493.1035
				  and this section, the Commissioner will publish notice of such recognition on
				  the TDI website. The Commissioner may suspend recognition of a jurisdiction
				  that is no longer qualified and will provide notice of the suspension on the
				  TDI website.
(b) The Commissioner
				  will evaluate the reinsurance supervisory system of the non-United States
				  jurisdiction and determine whether the jurisdiction is eligible to be
				  recognized as a qualified jurisdiction, both initially and on an ongoing basis.
				  The Commissioner must consider the rights, benefits, and the extent of
				  reciprocal recognition afforded by the non-United States jurisdiction to
				  assuming insurers licensed and domiciled in the United States. A qualified
				  jurisdiction must agree to share information and cooperate with the
				  Commissioner with respect to all certified assuming insurers domiciled within
				  that jurisdiction. A jurisdiction may not be considered to be a qualified
				  jurisdiction if the Commissioner has determined that it does not adequately and
				  promptly enforce final United States judgments or arbitration awards. The
				  Commissioner may, in the Commissioner's discretion, consider additional factors
				  in determining whether to recognize a qualified jurisdiction, including:
(1) the framework under which the assuming
				  insurer is regulated;
(2) the
				  structure and authority of the domiciliary regulator with regard to solvency
				  regulation requirements and financial surveillance;
(3) the substance of financial and operating
				  standards for assuming insurers in the domiciliary jurisdiction;
(4) the form and substance of financial
				  reports required to be filed or made publicly available by assuming insurers in
				  the domiciliary jurisdiction and the accounting principles used;
(5) the domiciliary regulator's willingness
				  to cooperate with United States regulators in general and the Commissioner in
				  particular;
(6) the history of
				  performance by assuming insurers in the domiciliary jurisdiction;
(7) any relevant international standards or
				  guidance with respect to mutual recognition of reinsurance supervision adopted
				  by the International Association of Insurance Supervisors or successor
				  organization; and
(8) any other
				  matters deemed relevant by the Commissioner.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter F - REINSURANCE › Section 7.625 - Recognition of Certification Issued by an NAIC Accredited Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) An assuming insurer that has been
				  certified as an assuming insurer in an NAIC-accredited jurisdiction may apply
				  for certification in Texas under this section. A certification issued under
				  this section is valid for the following calendar year. To continue the
				  certification, the certified assuming insurer must reapply to TDI on or before
				  July 1 of the year that the certification expires. The certified assuming
				  insurer applicant must submit:
(1) Form CR-1
				  as required under §
											7.622(c) of this title;
(2) all information required under §
				  7.622(d) of this title that is not available to TDI from the certifying
				  jurisdiction; and
(3) when prepared
				  a copy of the approval letter or other documentation provided to the applicant
				  by an accredited jurisdiction, confirming the following information:
(A) the name of all states in which applicant
				  is currently certified;
(B) the
				  rating and collateral percentage assigned by the accredited jurisdiction with
				  respect to the applicant;
(C) the
				  effective and expiration dates with respect to the certification;
(D) the lines of business to which the
				  certification is applicable; and
(E) the applicant's commitment to comply with
				  all requirements necessary to maintain certification;
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter F - REINSURANCE › Section 7.626 - Section Mandatory Funding Clause

Current through Reg. 49, No. 28; July 12, 2024
In addition to the clauses required under Insurance Code
					 Chapter 493 and this subchapter, a ceding insurer may not enter into or renew a
					 reinsurance agreement with a certified assuming insurer under this subchapter,
					 unless the reinsurance agreement includes a funding clause that requires the
					 certified assuming insurer to provide and maintain security in an amount
					 sufficient to avoid the imposition of any financial statement penalty on the
					 ceding insurer for reinsurance ceded to the certified assuming
					 insurer.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter F - REINSURANCE › Section 7.627 - Additional NRSRO

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  those NRSROs listed in §
										7.622(a)(4)(C) of this title, the
				  Commissioner may determine that additional NRSROs are acceptable. An applicant
				  must be an NRSRO and demonstrate to the satisfaction of the Commissioner that
				  the applicant's:
(1) rating structure is
				  reliable and suitable for rating the solvency of assuming insurers, including
				  not less than five years' experience in rating insurers engaged primarily in
				  assuming insurance from United States domiciled ceding insurers;
(2) financial strength ratings are based on
				  interactive communication between the NRSRO and the assuming insurer and must
				  not be based solely on publicly available information; and
(3) ratings correlate to the rating structure
				  and security levels shown in Figure: 28 TAC § 7.622(b)(1)(A) of this
				  title.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter G - REVIEW OF CORPORATE NAMES › Section 7.701 - Standards Governing Approval of Corporate Names

Current through Reg. 49, No. 28; July 12, 2024
If, after giving consideration to each of the matters
					 enumerated in paragraphs (1)-(8) of this section, the commissioner determines
					 that the proposed name is so similar to that of any other insurance company as
					 to be likely to mislead the public, he shall disapprove the name; otherwise, he
					 shall approve it.
(1) Mere similarity
				  is not a ground for disapproval, nor is the mere possibility that the
				  similarity may mislead the public. Disapproval must be predicated on a finding
				  that the similarity is likely to mislead the public.
(2) No misleading similarity will be found
				  because the name contains words which are required by statute.
(3) Certain words are commonly used in
				  insurance company names to denote strength, stability, geographic region, type
				  of insurer, or some similar concept. Unless such a word is found to be the key
				  or predominant identifying portion of the name, its use may be permitted even
				  though the identical word appears in the name of another insurer.
(4) A coined word, or a word not commonly
				  used in insurance company names, is generally to be regarded as a predominant
				  or identifying portion of a name. Therefore, the use of such identical words in
				  two or more company names will be not permitted unless it is clearly shown that
				  the likelihood of misleading is eliminated by including other predominant and
				  distinguishing words in the name or names.
(5) The tendency to mislead is reduced if the
				  similarly named companies are not authorized to insure the same types of
				  risk.
(6) The tendency to mislead
				  is reduced if the similarly named companies are affiliated through stock
				  ownership or are otherwise under common control and management.
(7) If offered, evidence that the names under
				  consideration have been concurrently used in other states without having misled
				  the public will be received and considered.
(8) In cases where trademarks, trade names,
				  copyrights, slogans or unusual plans, policies, or programs have been so used
				  as to identify an insurer, the board or commissioner may consider such
				  trademarks, etc., in conjunction with the official corporate name in
				  determining whether there is a similarity likely to mislead the
				  public.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter G - REVIEW OF CORPORATE NAMES › Section 7.702 - General Rules and Policies

Current through Reg. 49, No. 28; July 12, 2024
In addition to the specific standards heretofore enumerated
					 for the approval or disapproval of names, the board hereby adopts and records
					 the following general rules and policies respecting name approval.
(1) The provisions of these statutes are not
				  a statutory restatement of the common law as respects the rights to a name or
				  the rights not to have a name used by another, and the determination of the
				  board is only on the basis of whether the name is so similar to another as to
				  mislead the public. An example of one of the reasons for that determination is
				  that no statutory provision is made for notification of companies with similar
				  names.
(2) The board will not give
				  an advisory opinion of the common law rights of parties or possible parties to
				  a name controversy.
(3) The sole
				  question of whether the name is so similar as to be likely to mislead the
				  public will be made by the agency without consideration of the common law
				  decisions heretofore made by courts of record.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter H - VOLUNTARY DEPOSITS REQUIRED BY THE FEDERAL GOVERNMENT OR ITS AGENCIES › Section 7.801 - Voluntary Deposits

Current through Reg. 49, No. 28; July 12, 2024
In the event any insurance company organized and doing
					 business under the laws of Texas and the provisions of the Insurance Code shall
					 be required by the United States government to have and maintain funds or
					 securities on deposit with the State Board of Insurance, commissioner of
					 insurance, or other state insurance regulatory authority in order that the
					 insurer be qualified and enabled to perform certain insurances, such deposit
					 may be made with the State of Texas, and the deposit is hereby authorized to be
					 received and held in accordance with provisions reciting the purposes of the
					 deposit, and further in a manner and procedure similar to that by which the
					 state holds other insurance company deposits. The deposit may not be withdrawn
					 except as provided by the appropriate governmental authority responsible for
					 the requirement or condition and unless the purposes of the deposit have been
					 effected. The deposit may be made, received, handled, and maintained by the
					 commissioner in accordance with the purposes of its deposits and it shall be a
					 separate class of deposit for such purposes.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter H - VOLUNTARY DEPOSITS REQUIRED BY THE FEDERAL GOVERNMENT OR ITS AGENCIES › Section 7.802 - Interpretation of Article 1.10, Section 17

Current through Reg. 49, No. 28; July 12, 2024
The board is of the opinion that the provisions for
					 voluntary deposits under Article 1.10, §17, are applicable to deposits
					 required by federal authority and that such deposits are made under the
					 purposes and provisions of such section, and that the statute does not prohibit
					 additional deposits being made for special purposes, particularly those
					 required by the federal government, and further that the statute is not an
					 injunction as respects the board making provision by rule and regulation in
					 matters not prohibited by statute and which are in fact a logical
					 interpretation of statute in the board's regulation of
					 insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter I - INSIDER TRADING AND PROXY SOLICITATION › Section 7.901 - Insider Trading and Proxy Solicitation

Current through Reg. 49, No. 28; July 12, 2024
The State Board of Insurance adopts by reference an
					 amendment as of May 1, 1982, to the amendment of the permanent and general
					 rules and regulations of the State Board of Insurance by adoption of rules of
					 administrative construction and interpretation, insurance company reporting and
					 filing rules, annual statement blanks and supplements, including Schedule SIS,
					 supplemental reports, regulations affecting foreign and domestic insurance
					 companies, rules and regulations on proxies, consents, and authorizations of
					 domestic stock insurance companies, rules and regulations governing insurance
					 company insider trading, and provisions for codification.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter J - EXAMINATION EXPENSES AND ASSESSMENTS › Section 7.1001 - Examination Assessments for Domestic and Foreign Insurance Companies and Self-Insurance Groups Providing Workers' Compensation Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Under Insurance Code §
										843.156 and for
				  purposes of this section, the term "insurance company" includes a health
				  maintenance organization as defined in Insurance Code §
										843.002.
(b) An insurer not organized under the laws
				  of Texas (foreign insurance company) must pay the costs of an examination as
				  specified in this subsection.
(1) Under
				  Insurance Code §
											401.152, a foreign
				  insurance company must reimburse the department for the salary and examination
				  expenses of each examiner and other department employee participating in an
				  examination of the insurance company allocable to an examination of the
				  company. To determine the allocable salary for each examiner and other
				  department employee, the department divides the average annual examiner's and
				  other department employee's salary by the number of working hours in a year.
				  The department assesses the company the part of the annual salary attributable
				  to each working hour the examiner and other department employee examines the
				  company during a year, The expenses the department assesses are those actually
				  incurred by the examiner and other department employee to the extent permitted
				  by law.
(2) Under Insurance Code
				  §
											401.152(a-1),
				  a foreign insurance company examined entirely in a single year, or an exam
				  beginning in one year and completed in the next year will be assessed using the
				  rate for the year the exam began, and must pay an annual assessment in an
				  amount sufficient to meet all other expenses and disbursements necessary to
				  comply with the laws of this state relating to the examination of insurers. The
				  amount imposed must be computed in the same manner as the amount imposed for
				  domestic insurers as applicable under subsection (c) of this section.
(3) A foreign insurance company must pay the
				  reimbursements and payments required by this subsection to the department as
				  specified in each itemized bill the department provides to the foreign
				  insurance company.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter L - PROCEDURES AND REQUIREMENTS FOR LIFE INSURANCE COMPANIES WRITING REINSURANCE FOR PROPERTY AND CASUALTY RISKS › Section 7.1201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise: Reinsurance--Indemnity reinsurance contracts
					 only.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter L - PROCEDURES AND REQUIREMENTS FOR LIFE INSURANCE COMPANIES WRITING REINSURANCE FOR PROPERTY AND CASUALTY RISKS › Section 7.1202 - Application Process; Notice of Intention

Current through Reg. 49, No. 28; July 12, 2024
(a) Any authorized life insurance company
				  which, pursuant to the Insurance Code, Article 5.75-1(h), intends to enter into
				  the reinsurance business shall file a notice of intention with the commissioner
				  of insurance for prior approval and shall include each treaty or request to act
				  as a property and casualty reinsurer.
(b) Such notice of intention shall set forth
				  the following items:
(1) the amount of
				  surplus the life insurance company proposes to allocate to the reinsurance
				  program;
(2) the company's proposed
				  plan of operations and budgetary forecast;
(3) the qualifications of the company's staff
				  to engage in reinsurance for property and casualty insurance subject to the
				  provisions of the Insurance Code, Chapter 5;
(4) the company's prior three years' IRIS
				  ratios with an explanation of any unusual results (this information will be
				  considered confidential);
(5) proof
				  that the company's place of domicile authorizes it to engage in such kind of
				  business;
(6) proof, in the case of
				  a foreign or alien life insurance company, that the insurance regulatory
				  authorities of the company's place of domicile have been informed of its
				  intended participation and have not objected to such participation;
				  and
(7) any additional documents or
				  information which the commissioner of insurance or the commissioner's staff has
				  requested to support the proposed entry-transaction and/or compliance with
				  applicable law.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter L - PROCEDURES AND REQUIREMENTS FOR LIFE INSURANCE COMPANIES WRITING REINSURANCE FOR PROPERTY AND CASUALTY RISKS › Section 7.1203 - Financial Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  conventional operations of any life insurance company shall be accounted for
				  separately from the company's property and casualty reinsurance business.
				  Accordingly, each life insurance company proposing to engage in property and
				  casualty reinsurance shall account for this business as a separate line of
				  business with its own allocated surplus. Life insurance companies transacting
				  the business of property and casualty reinsurance shall be subject to the same
				  statutory provisions and administrative rules relating to the maintenance of
				  reserves for unearned premiums, unpaid losses, and loss adjustment expenses as
				  are applicable to property and casualty insurers transacting the same kind of
				  business.
(b) As a condition
				  precedent to the approval of and continuation of a life insurance company in
				  the business of property and casualty reinsurance, the life insurance company
				  shall demonstrate that 20% of its total capital and surplus, as of the end of
				  the preceding year, is at least equal to the sum of the capital and surplus
				  required of a property and casualty insurer transacting the same kind of
				  business, with such amount to be a minimum of $2 million.
(c) The life insurance company must make a
				  statutory deposit in the State of Texas of $50,000 either in securities as
				  described in the Insurance Code, Article 2.10, or in cash with the Texas state
				  treasurer.
(d) A special or
				  contingency reserve, equal to 1.0% of net annual premium volume at the end of
				  the preceding year, must be established and maintained in its separate account
				  on an annual basis. If not used, this fund may be taken into operations at the
				  end of 10 years at the rate of 0.25% of the 1.0% net annual premium volume or
				  any portion up to that amount.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter L - PROCEDURES AND REQUIREMENTS FOR LIFE INSURANCE COMPANIES WRITING REINSURANCE FOR PROPERTY AND CASUALTY RISKS › Section 7.1204 - Risk Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) No risk, as
				  determined by reserves for unearned premiums, nor any reserve for unpaid losses
				  nor any loss adjustment expenses shall exceed 10% of the life insurance
				  company's total capital and surplus as of the end of the preceding year or
				  impair the dedicated capital and surplus as defined in §
										7.1203(B)
				  of this title (relating to Financial Requirements).
(b) No part of any risk assumed or accepted
				  by a life insurance company according to this regulation may be retroceded or
				  further reinsured in any manner without receiving prior written approval of the
				  commissioner of insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter L - PROCEDURES AND REQUIREMENTS FOR LIFE INSURANCE COMPANIES WRITING REINSURANCE FOR PROPERTY AND CASUALTY RISKS › Section 7.1205 - Records

Current through Reg. 49, No. 28; July 12, 2024
Each life insurance company engaging in property and
					 casualty reinsurance shall maintain accounting records which adequately reflect
					 the operations of this line of business in a manner similar to that of a
					 property and casualty insurer doing the same kind of
					 business.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter L - PROCEDURES AND REQUIREMENTS FOR LIFE INSURANCE COMPANIES WRITING REINSURANCE FOR PROPERTY AND CASUALTY RISKS › Section 7.1206 - Forms Required for Life Insurance Companies Reinsuring Property and Casualty Insurance Risks

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement for
				  use of specific forms. Life insurance companies reinsuring property and
				  casualty risks under the Insurance Code, Article 5.75-1(h), must effect any
				  reinsurance by using forms promulgated by the State Board of
				  Insurance.
(b) Adoption of forms by
				  reference. The State Board of Insurance adopts by reference standard forms for
				  use by life insurance companies which are subject to the provisions of this
				  subchapter and the Insurance Code, Article 5.75-1. These forms are published by
				  the State Board of Insurance and copies of the forms for life insurance are
				  available from Property and Casualty Financial Analysis Unit of the Corporate
				  Activity Division, 1110 San Jacinto Boulevard, Austin, Texas 78701-1998.
(1) The following forms utilized in the
				  Casualty Annual Statement Form 2A are adopted by reference under this section
				  and must be utilized, as applicable, under the provisions of this subchapter
				  and/or the Insurance Code, Article 5.75-1:
(A)
				  Underwriting and Investment Exhibit--Statement of Income--Page 4;
(B) Underwriting and Investment Exhibit--Part
				  2 and Part 2-A--Premiums in Force--Page 7;
(C) Underwriting and Investment Exhibit--Part
				  2B--Recapitulation of All Premiums--Page 8;
(D) Underwriting and Investment Exhibit--Part
				  3--Losses Paid and Incurred--Page 9, Columns 2, 5, 6, 7, and 8;
(E) Underwriting and Investment Exhibit--Part
				  3A--Unpaid Losses and Loss Adjustment Expenses--Page 10, Columns 1(B), 3, 4(B),
				  5, and 6;
(F) Underwriting and
				  Investment Exhibit--Part 4--Expenses--Page 11;
(G) General Interrogatories--Page
				  15;
(H) Notes to Financial
				  Statements--Page 17; and
(I)
				  Five-Year Historical Data--Pages 20 and 21.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter M - REGULATORY FEES › Section 7.1302 - Billing System

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  regulated entities shall be subject to the billing system established by this
				  section:
(1) regulated entities submitting
				  filings requiring a fee pursuant to §§3.1, et seq, of this title
				  (relating to Scope); and
(2)
				  regulated entities submitting filings requiring a fee pursuant to
				  §11.301(4)(A), (B), and (L) and (5)(C), (G), (K), (M), and (N) of this
				  title (relating to Filing Requirements).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to clarify and
					 consolidate the procedure for effecting service of process on persons,
					 companies, and other entities doing the business of insurance or conducting
					 related business in the state of Texas, whether licensed or not; to provide
					 general instructions for unique circumstances; and to establish fees for
					 service of legal process and related documentation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise: Commissioner--The commissioner of
					 insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1403 - Service on Domestic Insurance Companies Licensed by the State Board of Insurance and on Related Entities Authorized to Conduct Business in Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) Person and place for service. Except as
				  provided by subsection (b) and subsection (c) of this section, a domestic
				  insurance carrier, including a casualty, county mutual, farm mutual, fire,
				  fraternal, life, Lloyd's, mutual other than life, reciprocal, stipulated
				  premium, or title insurance company, and any mutual assessment company, carrier
				  providing job protection insurance, risk retention group, third-party
				  administrators (in accordance with Insurance Code Chapter 4151), group hospital
				  service corporation, health maintenance organization, and exempt association
				  under Insurance Code §
										887.102,
				  authorized to conduct the business of insurance in this state, and any other
				  company domiciled in Texas and engaged in the business of insurance as a
				  principal, may be served with legal process, notice, or demand required or
				  permitted by law by:
(1) serving the
				  president, any active vice-president, secretary, or attorney in fact at the
				  office or principal place of business of that carrier; or
(2) leaving a copy of the process, notice, or
				  demand at the home office or principal business office of the carrier during
				  regular business hours.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1404 - Service of Process Procedure for Domestic Insurers Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party Administrators, Unauthorized Persons or Insurers, Organizations Formed under the Insurance Code, Article 3.71, and Surplus Lines Insurers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Person, place, and time for service. If service of legal process, notice, or
				  demand is to be effected on a company or organization by serving the
				  commissioner, the process, notice, or demand may be served personally or by
				  certified or registered mail. Personal service must be effected by a
				  disinterested person over 18 years of age by leaving two copies of the process,
				  notice, or demand with the commissioner or with any appointee of the
				  commissioner authorized to receive process at the offices of the State Board of
				  Insurance during regular business hours.
(b) Required fee. A fee of $50, payable by
				  check or money order to the Texas Department of Insurance, must be provided for
				  each legal process, notice, or demand served on the commissioner, and the fee
				  must accompany each service of legal process, notice, or demand filed with the
				  commissioner.
(c) Requirements for
				  the citation filed with the commissioner. The citation must be directed to the
				  defendant insurance company or organization, must be served through the
				  commissioner, and must include the following:
(1) for a licensed company, the name and
				  address of the company or organization as it appears in the records of the
				  State Board of Insurance;
(2) for
				  an unauthorized person or insurer, the name and address of the person or
				  insurer to be served;
(3) for a
				  surplus lies insurer, the name and address of the company to be
				  served;
(4) for a risk retention
				  group, the name and address of the group to be served;
(5) for a purchasing group, foreign or
				  domestic, the name and address of the group to be served;
(6) for a third party administrator, the name
				  and address of the entity to be served; or
(7) for an unincorporated association, trust,
				  or other organization formed under the Insurance Code, Article 3.71, the name
				  and address of the association, trust, or organization.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1405 - Service of Process on Foreign and Alien Insurance Companies Licensed by State Board of Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements
				  for appointment of person in Texas for service of process. As a condition of
				  being issued a certificate of authority to conduct the business of insurance in
				  this state, foreign or alien insurance carriers, including a life, mutual life,
				  nonprofit life, fire, mutual fire and/or casualty, fire and casualty, casualty,
				  Mexican casualty, Lloyd's, reciprocal, fraternal, or title insurance company, a
				  health maintenance organization, a risk retention group, and any other foreign
				  or alien insurance company regardless of its type or category authorized to
				  conduct the business of insurance in this state, shall appoint a person in this
				  state as attorney for service of process on whom any process, notice, or demand
				  required or permitted by law to be served on the insurance company or other
				  entity may be served.
(b) Failure
				  to appoint or maintain person in state; action when certificate is revoked. If
				  a foreign or alien insurance company authorized to transact business in this
				  state fails to appoint or maintain an attorney for service in this state, or if
				  an attorney for service cannot with reasonable diligence be found, or if the
				  certificate of authority of a foreign insurance company is revoked, the
				  commissioner shall be the attorney for service of the company on whom process,
				  notice, or demand may be served as provided by §
										7.1404
				  of this title (relating to Service of Process Procedure for Domestic Insurers
				  Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
				  Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
				  Administrators, Unauthorized Persons or Insurers, Organizations Formed under
				  the Insurance Code, Article 3.71, and Surplus Lines Insurers).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1406 - Service of Process on Foreign Risk Retention Groups Registered with the State Board of Insurance

Current through Reg. 49, No. 28; July 12, 2024
A foreign risk retention group registered in this state
					 under the Insurance Code, Article 21.54, must designate the commissioner as its
					 agent for service of process and receipt of legal documents. Procedures and
					 fees for service of process on a risk retention group are governed by §
										7.1404
					 of this title (relating to Service of Process Procedure for Domestic Insurers
					 Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
					 Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
					 Administrators, Unauthorized Persons or Insurers, Organizations Formed under
					 the Insurance Code, Article 3.71, and Surplus Lines
					 Insurers).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1407 - Service of Process on Foreign Purchasing Groups Doing Business in Texas Pursuant to the Insurance Code, Article 21.54

Current through Reg. 49, No. 28; July 12, 2024
Foreign purchasing groups registered to do business in
					 Texas under the Insurance Code, Article 21.54, must appoint the commissioner as
					 their agent for service of process and receipt of legal documents. Procedures
					 and fees for service of process on purchasing groups are governed by §
										7.1404
					 of this title (relating to Service of Process Procedure for Domestic Insurers
					 Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
					 Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
					 Administrators, Unauthorized Persons or Insurers, Organizations Formed under
					 the Insurance Code, Article 3.71, and Surplus Lines
					 Insurers).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1408 - Service Process on Third Party Administrators Doing Business in Texas Pursuant to the Insurance Code, Article 21.07-5

Current through Reg. 49, No. 28; July 12, 2024
Foreign third party administrators doing business in Texas
					 under the Insurance Code, Article 21.07-5, must appoint the commissioner as
					 their agent for service of process and receipt of legal documents. The
					 procedures and fees for service on a third party administrator are governed by
					 §
										7.1404
					 of this title (relating to Service of Process Procedure for Domestic Insurers
					 Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
					 Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
					 Administrators, Unauthorized Persons or Insurers, Organizations Formed under
					 the Insurance Code, Article 3.71, and Surplus Lines
					 Insurers).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1409 - Service of Process on Persons, Insurers, or Other Entities in Receivership

Current through Reg. 49, No. 28; July 12, 2024
If a court of competent jurisdiction has appointed the
					 liquidator as receiver of any person, insurer, or other entity, service of
					 process with respect to that person, insurer, or other entity must be made on
					 the person designated liquidator as receiver. This service of process has no
					 effect if it is made on the commissioner or the secretary of state.
					 Furthermore, if service is made upon the commissioner under these
					 circumstances, it will be returned in the manner described in §
										7.1404(e)
					 of this title (relating to Service of Process Procedure for Domestic Insurers
					 Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
					 Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
					 Administrators, Unauthorized Persons or Insurers, Organizations Formed under
					 the Insurance Code, Article 3.71, and Surplus Lines
					 Insurers).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1411 - Service of Process, Notice, Order, or Pleading on Secretary of State on Behalf of Unauthorized Persons and Insurers

Current through Reg. 49, No. 28; July 12, 2024
(a) Service of process may be effected on the
				  secretary of state in those actions, suits, or other proceedings brought:
(1) in court by the State Board of Insurance
				  or by the state against unauthorized persons or insurers; or
(2) before the State Board of Insurance by
				  notice, order, pleading, or other process against unauthorized persons or
				  insurers.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1412 - Other Methods of Service

Current through Reg. 49, No. 28; July 12, 2024
Section
					 7.1410
					 and §
										7.1411
					 of this title (relating to Service of Process on Commissioner on Behalf of
					 Unauthorized Persons or Insurers; and Service of Process, Notice, Order, or
					 Pleading on Secretary of State on Behalf of Unauthorized Persons and Insurers)
					 do not limit or abridge the right to serve process, notice, or other pleading
					 or demand on any person or insurer in any other manner provided by
					 law.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1413 - Service of Process on Surplus Lines Insurers

Current through Reg. 49, No. 28; July 12, 2024
(a) A surplus lines insurer may be sued on
				  any cause of action arising in this state under any surplus lines insurance
				  contract issued by it or under any certificate, cover note, or other
				  confirmation of that insurance issued by the surplus lines agent, under the
				  same procedure provided for unauthorized insurers in §§
										7.1404,
				  7.1410,
				  and
				  7.1411
				  of this title (relating to Service of Process Procedure for Domestic Insurers
				  Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
				  Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
				  Administrators, Unauthorized Persons or Insurers, Organizations Formed under
				  the Insurance Code, Article 3.71, and Surplus Lines Insurers; Service of
				  Process on Commissioner on Behalf of Unauthorized Persons or Insurers; and
				  Service of Process, Notice, Order, or Pleading on Secretary of State on Behalf
				  of Unauthorized Persons and Insurers).
(b) Any policy issued by the surplus lines
				  insurer or any certificate of insurance issued by the surplus lines agent must
				  contain a provision stating the substance of this section and designating the
				  person to whom the commissioner is to mail process. This address must be
				  supplied by the plaintiff in the citation that is served.
(c) Each surplus lines insurer assuming a
				  surplus lines risk under this subchapter is considered to have made itself
				  subject to the terms of this section.
(d) This section is cumulative of any other
				  methods that may be provided by law for service of process on a surplus lines
				  insurer, including §
										7.1404
				  of this title (relating to Service of Process Procedure for Domestic Insurers
				  Approved To Operate under the Insurance Code, Article 1.28, Foreign and Alien
				  Insurance Companies, Risk Retention Groups, Purchasing Groups, Third Party
				  Administrators, Unauthorized Persons or Insurers, Organizations Formed under
				  the Insurance Code, Article 3.71, and Surplus Lines Insurers).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1414 - Administrative Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Citations
				  served on the commissioner shall be forwarded by certified mail to the address
				  provided by the plaintiff.
(b)
				  Citations received by certified or registered mail must be served in accordance
				  with the Texas Rules of Civil Procedure, Rule 103 and Rule 106.
(c) Citations received prior to 2 p.m. shall
				  be forwarded the same working day.
(d) Citations received after 2 p.m. shall be
				  forwarded the next working day.
(e)
				  Citations will be returned to the attorney of record or other appropriate
				  official for any one of the following reasons.
(1) Filing fee of $25 was not
				  submitted.
(2) Mailing address of
				  the defendant was not provided in typed written form on the face of the
				  citation.
(3) Two copies of the
				  citation were not received.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter N - SERVICES OF PROCESS › Section 7.1415 - Forms Required To Administer Service of Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement for use of specific forms
				  designating commissioner as attorney for service. When, by meeting the
				  requirements of this subchapter and of the Insurance Code, Article 1.36, a
				  person, insurer, or other entity qualifies to appoint the commissioner as
				  attorney and agent for accepting and acknowledging service of legal process,
				  such appointment must be effected by using forms promulgated by the State Board
				  of Insurance.
(b) Adoption by
				  reference of forms for appointments for service of process. The State Board of
				  Insurance adopts by reference standard forms for use when the commissioner or
				  some other person is to be appointed as attorney and agent for accepting and
				  acknowledging service of legal process under the provisions of this subchapter
				  and/or the Insurance Code, Article 1.36. Copies of these forms are available
				  from the Company Licensing Section, Division Code 0731, State Board of
				  Insurance, 1110 San Jacinto Boulevard, Austin, Texas 78701-1998. The following
				  forms must be utilized, as applicable, when the commissioner or another person,
				  located in this state, is to be appointed as attorney for service of legal
				  process under the provisions of this subchapter and/or the Insurance Code,
				  Article 1.36.
(1) Foreign or alien life, fire
				  and/or casualty, and title companies which are licensed to do business in this
				  state must utilize Form L/FC/T/1987/SP.
(2) Foreign or alien risk retention groups
				  and third party administrators and foreign, alien, or domestic purchasing
				  groups doing business in Texas must utilize For RRG/PG/TPA/1987/SP.
(3) Foreign or alien reciprocal and Lloyd's
				  companies which are licensed to do business in this state must utilize Form
				  R/L/1987/SP.
(4) Foreign or alien
				  fraternal benefit societies which are licensed to do business in this state
				  must utilize Form F/1987/SP.
(5)
				  Domestic companies qualifying for relocation of books and records under the
				  Insurance Code, Article 1.28, must utilize Form D/C/1987/SP, with attachment
				  Form D/C/1987/SP for signature of controlling person or attachment Form
				  SBI/BR-85/A-26 for corporate controlling persons.