Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter N - RESIDENTIAL PROPERTY INSURANCE MARKET ASSISTANCE PROGRAM › Division 2 - PLAN OF OPERATION › Section 5.9409 - Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Application process.
(1) Applications will be accepted from a duly
					 licensed local recording agent or from a salaried representative for an insurer
					 whose plan of operation does not contemplate the use of local recording
					 agents.
(2) Agents submitting
					 applications to the MAP shall use the application form (TMAP-10) promulgated by
					 the Department for use with the MAP, shall submit a completed application
					 packet as specified in paragraph (4) of this subsection, and shall submit such
					 applications to the Department's MAP Division.
(3) Applicants may apply directly to the MAP
					 by contacting the Department to obtain the Department's assistance in
					 completing the MAP application form (TMAP-10). Applicants applying directly to
					 the MAP must meet the same eligibility requirements as provided in §5.9406
					 of this plan of operation.
(4) For
					 applicants applying directly to the MAP, information will be requested by
					 Department staff from the applicant based on the same information elements
					 required in the MAP application form (TMAP-10) required of originating agents.
					 Information relating to the originating agent will be marked "not applicable"
					 or "N/A." In the applicant's signature box, the Department staff member will
					 indicate "call received by TDI on (date)" with staff member's
					 initials.
(5) The Department staff
					 will assist applicants applying directly to the MAP as specified in
					 subparagraphs (A)-(C) of this paragraph.
(A)
					 The Department staff member will request ZIP code information to verify that
					 the risk is located in a designated underserved area.
(B) The Department staff member will request
					 documentation as specified in subsection (e) of §5.9406 to verify that the
					 applicant has been unable to obtain residential property insurance within the
					 one year period preceding the date of application to the MAP. If requested, the
					 Department staff member will make a diligent effort to assist the applicant in
					 obtaining the required documentation concerning the applicant's inability to
					 obtain residential property insurance.
(C) Upon receipt of the documentation showing
					 the applicant's inability to obtain residential property insurance, the
					 Department staff member will determine if the applicant is eligible to
					 participate in the MAP.
(6) A completed application packet shall
					 consist of the following to be eligible for referral to participating insurers:
(A) a completed application form (TMAP-10)
					 signed by both the applicant and the originating agent; or if an applicant
					 applies directly to the Department, the application will be initialed and dated
					 by the staff member assisting with the completion of the application as
					 provided in paragraph (5) of this subsection.
(B) declination letter or letters or
					 non-eligibility letter or letters as provided in §5.9406 of this plan of
					 operation (also §
													5.9406
					 of this title (relating to Eligibility for Referral)); and
(C) cancellation or non-renewal notices as
					 provided in §5.9406 of this plan of operation (also §
													5.9406
					 of this title (relating to Eligibility for Referral)).
(7) An application shall indicate if the
					 applicant has a voluntary inspection property condition evaluation report and
					 certificate of insurability, as specified in §5.9406 of this plan of
					 operation (also §
												5.9406
					 of this title, relating to Eligibility for Referral). The applicant may provide
					 a copy of the report and the certificate to the insurer at the time of the
					 insurer's inspection of the residential risk.