reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 7 - FILINGS MADE EASY - REQUIREMENTS FOR UNDERWRITING GUIDELINE FILINGS › Section 5.9342 - Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later
					 than 10 days after use, an insurer writing personal automobile, residential
					 property, or workers' compensation insurance must file with TDI a comprehensive
					 set of underwriting guidelines used by the insurer or its agent.
(b) A filing made under subsection (a) of
					 this section must contain:
(1) a comprehensive
					 set of underwriting guidelines;
(2)
					 a mark-up or redline version of the underwriting guidelines, clearly indicating
					 any changes in the underwriting guidelines;
(3) for each third-party data set used in
					 underwriting, the following information:
(A)
					 the name of the data vendor or source;
(B) a description of the data, such as a data
					 dictionary, that includes the name for each data element and the corresponding
					 definition;
(C) a description of
					 how the data is used in underwriting; and
(D) a list of the underwriting guidelines
					 that reflect use of the data; and
(4) for each third-party model used in
					 underwriting, the following information:
(A)
					 the name of the model vendor or source;
(B) the model name and version
					 number;
(C) a description of the
					 model;
(D) a description of the
					 model input;
(E) a description of
					 how the model output is used in underwriting; and
(F) a list of the underwriting guidelines
					 that depend on the output of the model.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 8 - FILINGS MADE EASY - CREDIT SCORING MODELS FILING REQUIREMENTS FOR PERSONAL INSURANCE › Section 5.9350 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to specify filing
						requirements for credit scoring models and to specify other regulatory
						requirements under Insurance Code Chapter 559 for those insurers that use
						credit scoring in writing personal insurance in this state.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 8 - FILINGS MADE EASY - CREDIT SCORING MODELS FILING REQUIREMENTS FOR PERSONAL INSURANCE › Section 5.9351 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The definitions in §
											5.9310
					 of this title (relating to Property and Casualty Transmittal Information and
					 General Filing Requirements) apply to this division. Words and terms not
					 defined in this division may be defined in Insurance Code Chapter 559 and will
					 have the same meaning when used in this division.
(b) Credit scoring model--The algorithm,
					 computer application, model, or other process that is based on credit
					 information used to derive a credit score or insurance score.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 8 - FILINGS MADE EASY - CREDIT SCORING MODELS FILING REQUIREMENTS FOR PERSONAL INSURANCE › Section 5.9352 - Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All credit
					 scoring models must be filed before they can be used. Insurers referencing
					 credit scoring models that have been filed with TDI by another entity on behalf
					 of an insurer in this state must specify the exact name of the credit scoring
					 model being referenced instead of filing the model itself. Insurers making
					 independent credit scoring model filings must file the entire model, including
					 definitions.
(b) An insurer that
					 files a credit scoring model or references a model that has been filed with TDI
					 by another entity on behalf of another insurer in this state must submit the
					 following information with the filing:
(1)
					 the filing transmittal information required in §
												5.9310
					 of this title (relating to Property and Casualty Transmittal Information and
					 General Filing Requirements);
(2)
					 whether the insurer uses the credit score for underwriting, rating, or
					 tiering;
(3) for policies with more
					 than one named insured, which insured's credit score is used;
(4) how often the credit score is updated;
					 and
(5) a completed questionnaire,
					 used to verify compliance with Insurance Code Chapter 559.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 9 - FILINGS MADE EASY - REDUCED FILING REQUIREMENTS FOR CERTAIN RESIDENTIAL PROPERTY INSURERS › Section 5.9355 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to specify requirements
						for certain insurers who qualify for reduced rate filing requirements under the
						provisions of Insurance Code Chapter 2251, Subchapter F, concerning Exemptions
						for Certain Insurers from Rate Filing and Approval
						Requirements.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 9 - FILINGS MADE EASY - REDUCED FILING REQUIREMENTS FOR CERTAIN RESIDENTIAL PROPERTY INSURERS › Section 5.9356 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The definitions in §
											5.9331 of
						this title (relating to Definitions) apply to this division.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 9 - FILINGS MADE EASY - REDUCED FILING REQUIREMENTS FOR CERTAIN RESIDENTIAL PROPERTY INSURERS › Section 5.9357 - Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Insurers
					 writing residential property in underserved areas that may qualify under
					 Insurance Code Chapter 2251, Subchapter F, concerning Exemptions for Certain
					 Insurers from Rate Filing and Approval Requirements, must submit rate and rule
					 filings in compliance with this subsection and with all provisions of
					 §5.9334 (relating to Requirements for Rate and Rule Filing Submissions)
					 not listed in paragraph (2) of this subsection. If TDI determines that an
					 insurer is not exempted under Insurance Code §
											2251.252(a),
					 concerning Exemption from Certain Other Law, the insurer must file in
					 compliance with Division 6 of this subchapter (relating to Filings Made Easy -
					 Requirements for Rate and Rule Filings).
(1)
					 Insurers must include a form meeting the elements in subparagraphs (A) and (B)
					 of this paragraph. The Certification of §2251.251 and §2251.252
					 Exemption Compliance (EC-1) Form, found in the Filings Made Easy Guide, may be
					 used to satisfy these requirements.
(A) The
					 form must include the following statement: "{Insurance company name} certifies
					 to the Texas Department of Insurance that the insurance company meets the
					 requirements of Insurance Code Sections
					 2251.251 and
					 2251.252 and qualifies
					 for the reduced filing requirements of 28 Texas Administrative Code Section
					 5.9357."
(B) The form must be dated and include the
					 name, signature, and title of the insurance company representative certifying
					 the statement.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 10 - FILINGS MADE EASY - ADDITIONAL FILING REQUIREMENTS FOR CERTAIN COUNTY MUTUAL INSURANCE COMPANIES › Section 5.9360 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to specify filing
						requirements in addition to those in Division 4 of this subchapter (relating to
						Filings Made Easy -- Transmittal Information and General Filing Requirements
						for Property and Casualty Form, Rate and Rule, Underwriting Guideline, and
						Credit Scoring Model Filings) and Division 6 (relating to Filings Made Easy --
						Requirements for Rate and Rule Filings) for:
(1) a county mutual insurance company
					 described by Insurance Code § 912.056(d); and
(2) an appointed managing general agent,
					 district, or local chapter program of a county mutual insurance company
					 described by Insurance Code § 912.056(d) that manages a portion of that
					 county mutual insurance company's business independent of all other business of
					 that county mutual insurance company, and that is to be treated as a separate
					 insurer for the purposes of Insurance Code Chapters 544, 2251, 2253, and 2254
					 as provided in Insurance Code § 912.056(e).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 10 - FILINGS MADE EASY - ADDITIONAL FILING REQUIREMENTS FOR CERTAIN COUNTY MUTUAL INSURANCE COMPANIES › Section 5.9361 - Additional Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing
					 transmittal. In addition to the information required by Division 4 of this
					 subchapter (relating to Filings Made Easy--Transmittal Information and General
					 Filing Requirements for Property and Casualty Form, Rate and Rule, Underwriting
					 Guideline, and Credit Scoring Model Filings), the following information must be
					 included:
(1) the name and license number of
					 the managing general agent, district, or local chapter of a county mutual
					 insurance company; and
(2) contact
					 information for the county mutual insurance company, if the county mutual
					 insurance company's contact information has not already been provided under
					 §
												5.9310(c)(10) of
					 this title (relating to Property and Casualty Transmittal Information and
					 General Filing Requirements).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9370 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This division
					 specifies the filing requirements for certificates of property and casualty
					 insurance submitted under Insurance Code Chapter 1811. It also consolidates and
					 explains the restrictions that apply to the content of certificates of
					 insurance.
(b) Nothing in this
					 division prohibits a certificate holder from requesting a copy of the subject
					 policy or endorsements.
(c) Nothing
					 in this division applies to certificates or evidence forms exempted from the
					 filing requirements under Insurance Code § 1811.002(b), including:
(1) a statement, summary, or evidence of
					 property insurance required by a lender in a lending transaction involving a
					 mortgage, lien, deed of trust, or any other security interest in real or
					 personal property as security for a loan;
(2) a certificate issued under a group or
					 individual policy for life insurance, credit insurance, accident and health
					 insurance, long-term care benefit insurance, or Medicare supplement insurance
					 or an annuity contract; or
(3)
					 standard proof of motor vehicle liability insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9371 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Words and terms not defined in this
					 division have the same meaning as in Insurance Code Chapter 1811.
(b) Unless the context indicates otherwise,
					 this division uses the following definitions:
(1) Certificate holder--A person, other than
					 a policyholder, who is designated on a certificate of insurance as a
					 certificate holder or to whom a certificate of insurance has been issued by an
					 insurer or agent at the request of the policyholder.
(2) Certificate of insurance--A document,
					 instrument, or record, including an electronic record, no matter how titled or
					 described, that is executed by an insurer or agent and issued to a third person
					 not a party to the subject insurance contract, as a statement or summary of
					 property or casualty insurance coverage. The term does not include an insurance
					 binder or policy form, or any document that describes insurance coverage that
					 is merely promised or expected to exist in the future, whether titled as an
					 affidavit, insurance verification form, or otherwise.
(3) Commissioner--The Commissioner of
					 Insurance.
(4) Company--The name of
					 the entity filing the certificate of insurance form. If a third party is filing
					 the certificate of insurance form, the company name is the name of the entity
					 for which the third party is filing the certificate of insurance form, not the
					 name of the third-party filer.
(5)
					 FEIN--Federal Employer Identification Number.
(6) Insurance Code--The Texas Insurance
					 Code.
(7) NAIC--The National
					 Association of Insurance Commissioners.
(8) SERFF--The NAIC System for Electronic
					 Rate and Form Filing.
(9) TDI--The
					 Texas Department of Insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9372 - Preparation and Submission of Certificate of Insurance Form Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval required. A certificate of
					 insurance issued on property or casualty operations or a risk located in Texas,
					 regardless of where the certificate holder, policyholder, insurer, or agent is
					 located, must be on a form that has been filed and approved before
					 use.
(b) Filing content. All
					 filings for new or amended certificate of insurance forms submitted under
					 Insurance Code Chapter 1811, concerning Certificates of Property and Casualty
					 Insurance, must comply with the filing requirements in this division, any other
					 applicable rules the Commissioner has adopted, and any applicable
					 Commissioner's orders.
(1) All filings must
					 contain transmittal information as required by §
												5.9373 of this title (relating to
					 Certificate of Insurance Form Filing Transmittal Information).
(2) All filings must contain a copy of the
					 subject certificate of insurance form. For identification purposes, the
					 certificate of insurance must contain a form number and edition date.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9373 - Certificate of Insurance Form Filing Transmittal Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Required information. The filing
					 transmittal information must be typed and must contain, at a minimum, the
					 following:
(1) company name;
(2) NAIC number if the filing is submitted by
					 an insurer;
(3) FEIN if the filing
					 is submitted by an entity other than an insurer or agent; and
(4) contact person, including name, telephone
					 number, mailing address, fax number, and email address (if
					 available).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9374 - Incomplete Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) A filing is
					 incomplete if the filing does not comply with all of the filing requirements
					 described in this division.
(b) TDI
					 will inform a filer with a letter or electronic notification indicating the
					 reasons why a filing is incomplete.
(c) The 60-day period in Insurance Code
					 § 1811.101(c) does not commence until TDI receives a complete
					 filing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9375 - Use of Certificate of Insurance Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A standard certificate of insurance form
					 promulgated by the Association for Cooperative Operations Research and
					 Development (ACORD), the American Association of Insurance Services (AAIS), or
					 the Insurance Services Office (ISO) is deemed approved on the date the form is
					 filed with TDI.
(b) An authorized
					 user may use a company's approved certificate of insurance form or a standard
					 certificate of insurance form as evidence of property and casualty insurance
					 coverage without making a separate filing.
(c) An authorized user is:
(1) any person authorized by the company or
					 the company's designee to use the company's approved certificate of insurance
					 form; or
(2) any person authorized
					 by ACORD, AAIS, or ISO to use the appropriate standard certificate of insurance
					 form.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter M - FILING REQUIREMENTS › Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE › Section 5.9376 - Restrictions on the Content of Certificates of Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Required language. A certificate of
					 insurance must contain the phrase "for information purposes only" or similar
					 language, or state that:
(1) the certificate
					 of insurance does not confer any rights or obligations other than the rights
					 and obligations conveyed by the policy referenced on the form; and
(2) the terms of the policy control over the
					 terms of the certificate of insurance.
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 1 - EXECUTIVE COMMITTEE MEMBERSHIP AND OPERATION › Section 5.9400 - Residential Property Insurance Market Assistance Program Executive Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
					 Scope of this Section. Adopted pursuant to Texas Civil Statutes, Article
					 6252-33, which governs State Agency Advisory Committees, the purpose of this
					 section is to specify the purpose, task, reporting requirements, membership
					 composition, and duration of the Residential Property Insurance Market
					 Assistance Program Executive Committee (the Executive Committee), which
					 operates pursuant to the Insurance Code, Article 21.49-12.
(b) Purpose of the Executive Committee. The
					 purpose of the Executive Committee is to assist the Commissioner in the
					 administration of the Residential Property Insurance Market Assistance Program
					 (MAP) as authorized by the Insurance Code, Article 21.49-12.
(c) Tasks. The tasks of the Executive
					 Committee are specified in the Insurance Code, Article 21.49-12, and include
					 those tasks specified in the following paragraphs (1)-(7).
(1) The Executive Committee shall develop and
					 submit a MAP plan of operation to the Commissioner for consideration of
					 adoption by rule.
(2) The Executive
					 Committee shall advise and consult with the Commissioner in the administration
					 of the MAP.
(3) The Executive
					 Committee shall review the demand for and performance of the MAP six months
					 following the approval of the plan of operation, and at least annually
					 thereafter as necessary, and report to the Commissioner as to the necessity for
					 continued operation of a voluntary MAP, need for establishment of a mandatory
					 MAP, or the need for establishment of a FAIR Plan pursuant to the Insurance
					 Code, Article 21.49A, or make other recommendations to the Commissioner that
					 the Executive Committee deems appropriate.
(4) The Executive Committee may advise the
					 Commissioner on the need for subcommittees to carry out MAP
					 functions.
(5) The Executive
					 Committee shall advise the Commissioner on what information is needed for the
					 Executive Committee's periodic review of the MAP.
(6) The Executive Committee may advise the
					 Commissioner on any other rules in addition to the plan of operation that are
					 needed to implement the MAP.
(7)
					 The Executive Committee shall perform other tasks as requested by the
					 Commissioner pursuant to the Insurance Code, Article 21.49-12.
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 5.9401 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
					 the Residential Property Insurance Market Assistance Program is to provide a
					 fair, efficient, and economical voluntary mechanism to assist Texas consumers
					 in obtaining residential property insurance in all underserved areas of the
					 state, including rural areas, as designated by the Commissioner of Insurance
					 pursuant to Article 21.49-12 of the Insurance Code.
(b) The purpose of this plan of operation,
					 which is contained in §§ 5.9401-5.9415 of this title
					 (relating to the Residential Property Insurance Market Assistance Program Plan
					 of Operation), is to specify the procedures and methods of operation of the
					 Residential Property Insurance Market Assistance Program, including:
(1) eligibility requirements;
(2) policy forms and types of
					 coverage;
(3) rates;
(4) application forms and
					 procedures;
(5) role and
					 responsibilities of participating insurers;
(6) role and responsibilities of
					 participating agents and requirements for commissions;
(7) role and responsibilities of the
					 Executive Committee;
(8) role and
					 responsibilities of the Commissioner of Insurance and the Texas Department of
					 Insurance;
(9) procedures for
					 monitoring the operation of the MAP;
(10) criteria and procedures for mandatory
					 participation by insurers;
(11)
					 procedures for amendment of the plan of operation; and
(12) procedures for termination of the
					 MAP.
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 5.9402 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The Residential Property Insurance Market Assistance
						Program is a program of the Texas Department of Insurance established and
						operated pursuant to Article 21.49-12 of the Insurance Code (Acts 1995, 74th
						Legislature, ch.415, §5, p. 3008, effective August 28, 1995) and this plan
						of operation as set forth in §§
											5.9401-5.9415 of this title
						(relating to Plan of Operation).
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 5.9404 - Policy Forms and Types of Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Definitions. The following words and terms when used in this section shall have
					 the following meanings unless the context clearly indicates otherwise.
(1) Class 1 designated underserved area--An
					 area determined and designated by rule as an underserved area by the
					 Commissioner of Insurance, pursuant to both Articles 21.49-12 and 5.35-3 of the
					 Insurance Code.
(2) Class 2
					 designated underserved area--An area determined and designated by rule as an
					 underserved area by the Commissioner of Insurance, pursuant to Article 21.49-12
					 of the Insurance Code.
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 5.9405 - Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Article 21.49-12
					 §2(b)(2) of the Insurance Code, each insurer has the right to individually
					 evaluate the risk and apply the rates that are in accordance with the
					 provisions of the Insurance Code that are applicable to that insurer.
(b) Pursuant to Article 21.49-12
					 §2(b)(3) of the Insurance Code, each insurer has the option of providing a
					 premium quote on the same coverage basis for which it normally provides
					 insurance in this state using its own underwriting guidelines and the rates
					 determined in accordance with the provisions of the Insurance Code applicable
					 to that insurer.
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 5.9406 - Eligibility for Referral

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility
					 requirements. The following requirements must be met to be eligible to apply
					 for a referral through the MAP:
(1) the
					 residential risk must be located in a designated underserved area;
(2) the property must be insurable as
					 provided in subsection (b) of this section; and
(3) the applicant must present written
					 documentation as specified in subsection (e) of this section that the applicant
					 has been unable to obtain residential property insurance.
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 5.9407 - Participating Insurers

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility. An
					 insurer as defined in §5.9403 of this plan of operation (also §
											5.9403 of
					 this title (relating to Definitions)) is eligible to participate in the
					 MAP.
(b) Voluntary participation.
(1) An insurer who wishes to participate in
					 the MAP shall notify the Department in writing of the insurer's intent to
					 voluntarily participate in the MAP.
(2) An insurer may use any criteria from the
					 MAP application to select applications for review.
(3) A participating insurer shall notify all
					 agents appointed with the insurer that the insurer is voluntarily participating
					 in the MAP and shall provide to its agents information about the MAP and its
					 procedures.
(4) A participating
					 insurer shall provide the Department with no less than 30 days advance written
					 notice when the insurer decides to terminate its voluntary participation in the
					 MAP.
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 5.9408 - Participating Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) Qualifications.
(1) An individual is eligible to perform the
					 functions of an originating agent for a MAP applicant if the individual, at the
					 time the application to the MAP is completed, is duly licensed by the
					 Department as a local recording agent or is a salaried representative for an
					 insurer whose plan of operation does not contemplate the use of local recording
					 agents.
(2) An individual is
					 eligible to perform the functions of an issuing agent for an insurer
					 voluntarily participating in the MAP if the individual is duly licensed by the
					 Department as a local recording agent and is appointed to represent the insurer
					 or is a salaried representative for an insurer whose plan of operation does not
					 contemplate the use of local recording agents.
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 5.9410 - Executive Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) Membership.
(1) Composition.
(A) The Executive Committee shall be composed
					 of 11 members:
(i) five members who represent
					 the interests of insurers,
(ii)
					 four public members, and
(iii) two
					 members who are licensed local recording agents.
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 5.9411 - Criteria and Procedures for Mandatory Participation by Insurers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of this section. The purpose of
					 this section is to specify:
(1) the criteria
					 and procedures for implementation of mandatory participation by insurers on the
					 Commissioner's own motion without the need for a recommendation by the
					 Executive Committee pursuant to Article 21.49-12 §2(b)(7) of the Insurance
					 Code which provides that the Commissioner may make insurer participation in the
					 MAP mandatory based on criteria contained in this plan of operation;
					 and
(2) the criteria and procedures
					 to be used by the Executive Committee in determining the need to recommend to
					 the Commissioner implementation of mandatory participation by insurers pursuant
					 to Article 21.49-12 §6(b) of the Insurance Code which provides that the
					 Executive Committee, after periodic review, shall report to the Commissioner as
					 to the need for establishment of a mandatory program.
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 5.9412 - Amendments to Plan of Operation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Pursuant to Article 21.49-12 §2(a) of the Insurance Code, the Executive
					 Committee on its own motion may submit, at any time, proposed suitable
					 amendments to this plan of operation to the Commissioner. Such amendments must
					 be approved by a majority of the members of the Executive Committee.
(b) Pursuant to Article 21.49-12 §2(a)
					 of the Insurance Code, if the Executive Committee fails to submit suitable
					 amendments to this plan of operation, Department staff may submit such
					 amendments.
(c) Pursuant to the
					 Texas Administrative Procedure Act, §2001.021, any interested person may
					 request, by petition, consideration of proposed amendments to this plan of
					 operation.
(d) Pursuant to Article
					 21.49-12 §2(a) of the Insurance Code, the Commissioner may, after notice
					 and hearing, adopt proposed amendments to this plan of operation.
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 5.9413 - Immunity from Liability

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Article 21.49-12 §7 of the Insurance
						Code, the MAP, its executive committee members, participating insurers and
						agents are not personally liable for any act performed in good faith within the
						scope of the person's authority as determined under Article 21.49-12 or for
						damages occasioned by his or her official acts or omissions except for an act
						or omission that is corrupt or malicious.
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 5.9414 - Termination of MAP

Current through Reg. 49, No. 28; July 12, 2024
(a) The Executive
					 Committee may recommend termination of the MAP to the Commissioner, but not
					 earlier than 48 months following the commencement date of the initial plan of
					 operation. Such recommendation shall be made in writing to the Commissioner and
					 supported by findings as to why the MAP should be terminated and must be
					 approved by at least two-thirds of the members of the Executive
					 Committee.
(b) Pursuant to Article
					 21.49-12 §6(b) of the Insurance Code, the MAP shall be terminated only
					 upon approval of the Commissioner, but in no event earlier than 48 months
					 following the commencement date of the initial plan of operation. Such
					 termination by the Commissioner may be made only after notice and
					 hearing.
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 5.9415 - Severability

Current through Reg. 49, No. 28; July 12, 2024
If a court of competent jurisdiction holds that any
						provision of this plan of operation is inconsistent with any statutes of this
						state, is unconstitutional, or for any reason is invalid, the remaining
						provisions shall remain in full effect. If a court of competent jurisdiction
						holds that the application of any provision of this plan of operation to any
						person or insurer, or in particular circumstances, is inconsistent with any
						statutes of this state, is unconstitutional, or for any reason is invalid, the
						provision shall remain in full effect as to other persons, insurers, or
						circumstances.
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 5.9416 - Forms Promulgated for Use in the Residential Property Insurance Market Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner of Insurance adopts by reference the
						forms specified in this section for use in the Residential Property Insurance
						Market Assistance Program, which is operated pursuant to Article 21.49-12 of
						the Insurance Code. Specimen copies of these forms are available from the Texas
						Department of Insurance, MAP Division, MC 105-5D, 333 Guadalupe Street, P. O.
						Box 149104, Austin, Texas 78714-9104. These forms are:
(1) Form TMAP-10--Texas MAP Application. As
					 Amended Effective January 1, 2001.
(2) Form TMAP-10A--Supplement to Texas MAP
					 Application, For Mobile Homes Only. Effective January 1, 2001.
(3) Form TMAP-11--Letter of Non-eligibility
					 for Residential Property Insurance. Effective October 1, 1996.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter O - STATISTICAL PLANS › Section 5.9501 - Texas Commercial Lines Statistical Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and Applicability.
(1) The purpose of this section is to
				  establish requirements for the reporting of premium and loss data by direct
				  commercial lines insurers under Insurance Code Chapter 38, Subchapter
				  E.
(2) Under Insurance Code §
											38.202, the
				  commissioner has designated a statistical agent for commercial lines of
				  insurance.
(3) As provided by
				  Insurance Code §
											38.205, all
				  insurers writing direct commercial lines business in Texas are required to
				  provide a report of their premium and loss cost experience to the commissioner
				  or the statistical agent designated under Insurance Code §
											38.202. The
				  report must comply with the reporting requirements and instructions specified
				  in the Texas Commercial Lines Statistical Plan adopted by reference in
				  subsection (b) of this section.
(4)
				  This section applies to all reports required to be filed with the department
				  under this section for reporting periods beginning on or after July 1,
				  2017.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter O - STATISTICAL PLANS › Section 5.9502 - Texas Catastrophe Event Statistical Plan for Personal and Commercial Risks

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  applicability.
(1) The purpose of this
				  section is to establish requirements for the reporting of catastrophe-related
				  data by insurers under Insurance Code Chapter 38, Subchapter E and Insurance
				  Code §
											38.001.
(2) This section applies to all reports
				  required to be filed under the Texas Catastrophe Event Statistical Plan for
				  Personal and Commercial Risks for reporting dates beginning on or after the
				  effective date of the plan. Insurers must report their claim and loss
				  experience after each specified catastrophe event. Insurers are not required to
				  report data under the statistical plan until TDI has activated the statistical
				  plan for a specific event and requested information under Insurance Code §
											38.001 through a
				  bulletin on TDI's website at www.tdi.texas.gov.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter Q - GENERAL PROPERTY AND CASUALTY RULES › Division 1 - RESIDENTIAL PROPERTY › Section 5.9700 - Residential Property Declarations Pages and Deductible Disclosures

Current through Reg. 49, No. 28; July 12, 2024
(a) All residential property insurance policy
					 declarations pages must list and identify each type of deductible in the
					 policy, including applicable endorsements, and state the exact dollar amount of
					 each deductible. To identify a deductible, the insurer must provide a brief
					 description, such as "Wind and Hail," "Earthquake," or "Jewelry."
(b) If a residential property insurance
					 policy or endorsement contains a provision that may cause the exact dollar
					 amount of a deductible under the policy to change, the declarations page or a
					 separate disclosure page must identify or include a written disclosure that
					 clearly identifies the applicable policy provision or endorsement. The policy
					 provision or endorsement must explain how any change in the applicable
					 deductible amount is determined. To identify the applicable policy provision or
					 endorsement, the insurer must provide a brief description and reference, such
					 as "Inflation Adjustments: See page 1, Section A.2.a."
(c) Insurers may provide disclosures under
					 this section on a separate disclosure page. The separate disclosure page must
					 follow immediately after the declarations page.
(d) A declarations page and a separate
					 disclosure page may each consist of more than one page.
(e) Insurers must issue a declarations page
					 at renewal if the dollar amount of a deductible changes on the declarations
					 page or separate disclosure page. Alternatively, insurers may issue a renewal
					 certificate that meets the requirements of this rule and Insurance Code §
											2301.056.
(f) Insurers and agents that provide separate
					 disclosure pages must include them with the declarations page each time they
					 provide a declarations page, as defined in §
											5.9327
					 of this title (relating to Residential Property Declarations Page Forms), to a
					 policyholder.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter Q - GENERAL PROPERTY AND CASUALTY RULES › Division 3 - MULTIPLE LINES › Section 5.9750 - Notice of Material Change-Applicability and Examples

Current through Reg. 49, No. 28; July 12, 2024
(a) A notice of material change is not a
					 notice of cancellation or nonrenewal. Instead, it is a notice provided under:
(1) Insurance Code §
												551.1055;
(2) Insurance Code §
												2002.001; or
(3) Insurance Code §
												2002.102.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter Q - GENERAL PROPERTY AND CASUALTY RULES › Division 3 - MULTIPLE LINES › Section 5.9751 - Notice of Material Change-Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A notice of material change must be
					 conspicuous, as that term is defined in Business and Commerce Code §
											1.201(b)(10).
(b) If the notice of material change is
					 included in a renewal notice, the first page of the renewal notice must
					 include:
(1) the notice of material change;
					 or
(2) conspicuous text that
					 clearly indicates the location of the notice of material change in the renewal
					 offer.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter Q - GENERAL PROPERTY AND CASUALTY RULES › Division 3 - MULTIPLE LINES › Section 5.9752 - Notice of Material Change-Change from Replacement Cost to Actual Cash Value

Current through Reg. 49, No. 28; July 12, 2024
(a) A material
					 change includes a change from replacement cost coverage to actual cash value
					 coverage. The change might be to the entire policy, or to any part of it. This
					 section applies only to changes from replacement cost to actual cash
					 value.
(b) A notice of material
					 change must explain the terms "replacement cost" and "actual cash value." Using
					 plain language, the notice must at a minimum explain that:
(1) for replacement cost, the policy will pay
					 to repair or replace the damaged item based on the current cost of the item;
					 and
(2) for actual cash value, the
					 policy will pay less based on the item's characteristics, such as age or
					 condition.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter T - FAIR PLAN › Division 1 - PLAN OF OPERATION › Section 5.9910 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Texas FAIR Plan Association was established by
						Insurance Code Article 21.49A for the purpose of delivering residential
						property insurance to qualified citizens of Texas in areas determined by the
						Commissioner of Insurance to be underserved areas. The purpose of this plan of
						operation is to set forth and establish the structure, function, procedures and
						powers of the Texas FAIR Plan Association.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter T - FAIR PLAN › Division 1 - PLAN OF OPERATION › Section 5.9911 - 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.
(1) Agent--Any
					 person licensed by the Commissioner as a general lines property and casualty
					 agent pursuant to Insurance Code Article 21.14. sec.2.
(2) Applicant--Any person applying for
					 insurance from the Association including any person designated by the applicant
					 to be the applicant's representative at an inspection.
(3) Association--The Fair Access to Insurance
					 Requirements (FAIR) Plan Association created under Insurance Code Article
					 21.49A.
(4) Commissioner--The
					 Commissioner of Insurance of the State of Texas.
(5) Governing Committee--The Governing
					 Committee of the Association authorized pursuant to Insurance Code Article
					 21.49A, sec. 3.
(6) Inspector--The
					 individual(s) or organization(s) designated by the Association to make
					 inspections to determine the condition of the properties for which residential
					 property insurance is sought and to perform such other duties as may be
					 authorized by the Association or the Commissioner.
(7) Insurable risk--Property that meets the
					 underwriting rules of the Association for determining the insurability of the
					 risk.
(8) Member insurer or
					 member--An insurer licensed to write property and casualty insurance in Texas
					 and writing residential property insurance in Texas, including reciprocal
					 exchanges and Lloyds plan insurers.
(9) Residential property insurance--Coverage
					 as defined in Insurance Code Article 21.49A §2(3), with the exception of
					 farm and ranch owners and farm and ranch insurance as set forth in Insurance
					 Code Article 5.13-2 sec. 1.
(10)
					 Residential property insurance premiums--Net direct written premiums for
					 residential property insurance for a calendar year as determined by the Texas
					 residential property statistical plan.
(11) Underserved area--The areas of the State
					 of Texas so designated by the Commissioner in §
											5.3701
					 of this chapter (relating to Designation of Underserved Areas for Residential
					 Property Insurance for Purposes of the Insurance Code Article
					 21.49A).
(12) Underwriting
					 rules--The underwriting rules for residential property insurance as developed
					 by the Association and which have been filed with and approved by the
					 Commissioner.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter T - FAIR PLAN › Division 1 - PLAN OF OPERATION › Section 5.9912 - Governing Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Association
					 shall be governed by a Governing Committee.
(b) The Governing Committee shall be composed
					 of 11 voting members appointed by the Commissioner as follows:
(1) five members who represent the interests
					 of insurers;
(2) four public
					 members; and
(3) two members who
					 are licensed agents.