reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 8 - RATES › Section 5.4700 - Rate Reduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
					 purpose of this section is:
(1) to specify,
					 pursuant to Article 21.49, §8E of the Insurance Code, the percentage of
					 rate reduction which must be applied to windstorm and hail insurance policies
					 issued by the Texas Windstorm Insurance Association for new residential
					 construction, excluding additions or repairs to existing structures, that have
					 been built to the standards of the Texas Windstorm Insurance Association
					 Building Code for Windstorm Resistant Construction, which became effective on
					 September 1, 1998, or the 2000 International Residential Code/2000
					 International Building Code, as revised by the Texas Revisions, which became
					 effective on February 1, 2003;
(2)
					 to specify the percentage of rate reduction which must be applied to windstorm
					 and hail insurance policies issued by the Texas Windstorm Insurance Association
					 for new residential construction, excluding additions or repairs to existing
					 structures, that have been built to a higher standard of construction than that
					 required by the Texas Windstorm Insurance Association Building Code for
					 Windstorm Resistant Construction, which became effective on September 1, 1998,
					 or the 2000 International Residential Code/2000 International Building Code, as
					 revised by the Texas Revisions, which became effective on February 1, 2003;
					 and
(3) to specify the percentage
					 of rate reduction which must be applied to windstorm and hail insurance
					 policies issued by the Texas Windstorm Insurance Association for residential
					 structures constructed prior to September 1, 1998, or February 1, 2003, as
					 applicable, which have been retro-fitted with exterior opening protection that
					 meets the windborne debris impact-resisting standards of the Texas Windstorm
					 Insurance Association Building Code for Windstorm Resistant Construction, which
					 became effective on September 1, 1998, or the 2000 International Residential
					 Code/2000 International Building Code, as revised by the Texas Revisions, which
					 became effective on February 1, 2003, or equivalent criteria recognized by the
					 Department pursuant to the procedures of the Texas Windstorm Insurance
					 Association Building Code for Windstorm Resistant Construction, which became
					 effective on September 1, 1998, or the 2000 International Residential Code/2000
					 International Building Code, as revised by the Texas Revisions, which became
					 effective on February 1, 2003.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 8 - RATES › Section 5.4701 - Requests for Additional Supporting Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall post on the
					 department's website and with the Texas Secretary of State notice of the Texas
					 Windstorm Insurance Association's (Association) annual rate filing under the
					 Insurance Code §
											2210.352,
					 other than a filing under the Insurance Code §
											2210.352(a-1).
					 The notice shall provide:
(1) notice of the
					 filing;
(2) information on how to
					 obtain a copy of the filing;
(3)
					 the time period for submitting written requests for additional supporting
					 information as provided in the Insurance Code §
												2210.354;
(4) the time period for submitting written
					 comments or information related to the filing as provided in the Insurance Code
					 §
												2210.352;
					 and
(5) the applicable mail,
					 delivery, and electronic addresses for submitting written requests for
					 additional supporting information and written comments or information related
					 to the filing.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 8 - RATES › Section 5.4702 - Requirement for Vote of Rate Filing and Prohibition on Purchasing Reinsurance from Certain Insurers or Brokers

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Texas Windstorm Insurance Association (TWIA) board of directors must comply
					 with Insurance Code § 2210.3512 in all votes on proposed rate
					 filings.
(b) TWIA must comply with
					 Insurance Code §
											2210.453(f)
					 in all purchases of reinsurance under §2210.453.
(c) This section is part of TWIA's plan of
					 operation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4902 - Additional Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) This
					 section, §§5.4903 - 5.4908, and §5.4911 of this division
					 (relating to Declination of Coverage; Flood Insurance; Minimum Retained
					 Premium; Certificate of Compliance Approval Program; Certificate of Compliance
					 Transition Program; Alter and Alteration; and Insurance Policy Forms,
					 Endorsements, Manual Rules, Application Forms, and Underwriting Guidelines,
					 respectively) shall be considered to be a part of the Texas Windstorm Insurance
					 Association's plan of operation. These sections shall control over any
					 conflicting provision in §
											5.4001 of this
					 subchapter (relating to Plan of Operation).
(b) In addition to the requirements set forth
					 in §
											5.4001 of this
					 subchapter, including §
											5.4001(d)(2)(E)
					 of this subchapter, prior to the issuance of an Association policy on insurable
					 property, the Association must have received an application for a new or
					 renewal Association policy that contains a statement that the agent possesses
					 proof of:
(1) a declination of coverage from
					 an authorized insurer writing windstorm and hail insurance as provided in
					 §5.4903 of this division; and
(2) if applicable, flood insurance that was
					 obtained for the property to be insured as provided for in §5.4904 of this
					 division or the unavailability of flood insurance for such property.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4903 - Declination of Coverage

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
					 to obtain windstorm and hail insurance coverage from the Association for a
					 property, an applicant or applicant's agent must have received at least one
					 declination of coverage for the property from an insurer authorized to engage
					 in the business of, and writing, property insurance providing windstorm and
					 hail insurance coverage in the first tier coastal counties:
(1) in order to obtain new Association
					 coverage; and
(2) every three
					 calendar years, in order to obtain renewal Association coverage.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4904 - Flood Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 words and terms when used in this section shall have the following meanings
					 unless the context clearly indicates otherwise:
(1) Actual cash value--The replacement cost
					 of an insured property at the time of loss, less the value of physical
					 depreciation for the property.
(2)
					 The terms constructed, altered, remodeled, and enlarged--Refer to any building
					 activity or action on a structure that would require the insured or applicant
					 to obtain a certificate of compliance, prior to the structure being considered
					 to be an insurable property eligible for insurance coverage from the
					 Association.
(3) Repair--The
					 reconstruction or restoration of a structure that is deteriorated or
					 damaged.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4905 - Minimum Retained Premium

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Except as provided in this section, the minimum retained premium on an
					 Association policy issued on an annual basis shall be:
(1) equal to the greater of:
(A) 90 days of the annual policy term or
					 $100, for policies that become effective on and after November 27, 2011;
					 or
(B) 180 days of the annual
					 policy term or $100, for policies that become effective before November 27,
					 2011; and
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4906 - Renewal Premium Grace Period

Current through Reg. 49, No. 28; July 12, 2024
(a) Grace
					 period. The premium payment for policy renewal is considered timely if the
					 Association receives it within 10 calendar days after the due date.
(b) Applicability of the grace period to
					 certain premium surcharges. The grace period described in subsection (a) of
					 this section applies to a premium surcharge payment by an Association
					 policyholder under Insurance Code §
											2210.259,
					 concerning Surcharge for Certain Noncompliant Structures, or §2210.6132,
					 concerning Contingent Source of Payment for Class 2 and Class 3 Public
					 Securities.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4908 - Alter and Alteration

Current through Reg. 49, No. 28; July 12, 2024
For purposes of the Insurance Code Chapter 2210 and this
						chapter, the term "alter" and "alteration" shall mean any modification to a
						structure that physically changes portions of the structure subject to wind
						forces without increasing the square footage of area of the
						structure.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4911 - Insurance Policy Forms, Endorsements, Manual Rules, Application Forms, and Underwriting Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The Association
					 shall submit insurance policy forms, endorsements, manual rules, and
					 application forms to the department for commissioner approval.
(1) Each policy form, endorsement, manual
					 rule, and application form submission must include all information required by
					 §
												5.9310
					 and §
												5.9320
					 of this chapter (relating to Property and Casualty Filing Transmittal Form and
					 Required Information for the Preparation and Submission of Policy Form,
					 Endorsement, or Manual Rule (other than rating manual) Filings,
					 respectively).
(2) The department
					 shall provide public notice of the submission not later than the 10th day after
					 the filing is received by the department. The notice, shall be posted on the
					 department's website and in the Texas Register, and shall indicate that the
					 submission is available for review at the Office of the Chief Clerk of the
					 Texas Department of Insurance during the period the petition is
					 pending.
(3) Not later than the
					 20th day after notice of the submission is posted as provided under paragraph
					 (2) of this subsection, a person may request a public hearing on the
					 submission. The request must be in writing and submitted to the commissioner
					 through the Chief Clerk of the Texas Department of Insurance.
(4) The department will provide not less than
					 10 days notice of a public hearing to consider a submission under this section.
					 The department may set a public hearing without a request under paragraph (3)
					 of this subsection. Notice of the hearing shall be posted in the
Texas
					 Register.
(5) Written
					 comments on the submission must be submitted within 30 days after notice of the
					 submission is posted as provided under paragraph (2) of this subsection, or on
					 or before the date of a public hearing, if that date is later.
(6) The commissioner shall approve or
					 disapprove by order any submission made under this section. The commissioner
					 may delegate this authority to department staff as the commissioner deems
					 necessary and appropriate.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 10 - ELIGIBILITY AND FORMS › Section 5.4912 - Filing and Issuance of Policy Forms Relating to Premium Surcharges under Insurance Code Sections 2210.612, 2210.613, and 2210.6131

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than the 15th day after the
					 effective date of this section, the association must file with the department
					 policy forms that provide:
(1) that the
					 policy is immediately subject to any surcharge the commissioner may determine
					 under §
												5.4126
					 (relating to Determination of the Association Surcharge Percentage) of Division
					 3 of this subchapter;
(2) that the
					 policyholder has 120 days from the date the policyholder receives the notice
					 described in §
												5.4189(b)
					 (relating to Notification Requirements) of Division 3 of this subchapter to pay
					 the surcharge; and
(3) on the
					 declarations page, a conspicuous notice in at least 12-point bolded font that
					 the policy may be subject to an immediate premium surcharge, and that failure
					 to pay will result in cancellation.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5001 - Purpose and Classification Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The purpose of this division is to identify the various classifications of
					 risks defined by the Texas Department of Insurance as inland marine insurance
					 subject to any applicable qualifications in this division.
(b) Each class (or subclass, where indicated)
					 is designated as "filed" or "non-filed."
(1)
					 "Filed" indicates those classes or subclasses for which rules, rates, and forms
					 must be filed with the Texas Department of Insurance. Forms are subject to
					 filing and approval under Insurance Code §
												2301.006, concerning
					 Filing and Approval of Forms.
(2)
					 "Non-filed" indicates those classes or subclasses for which rules, rates, and
					 forms are not subject to filing requirements.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5002 - Inland Marine Insurance - Imports

Current through Reg. 49, No. 28; July 12, 2024
Imports (non-filed). Imports may be insured under inland
						marine policies when the property is not subject to import risk covered under
						marine (ocean) policies.
(1) Imports
					 on consignment may be covered without restriction as to time or location of the
					 property, provided the coverage includes transportation hazards. "On
					 consignment" refers to property consigned and entrusted to factors or agents to
					 be held in their care, or under their control:
(A) for sale; for account of another; or for
					 exhibit, trial, approval, or auction; and
(B) for return, if not disposed of.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5003 - Inland Marine Insurance - Exports

Current through Reg. 49, No. 28; July 12, 2024
Exports (non-filed). Inland marine policies may cover
						property for export when the property is not subject to export risk covered
						under marine (ocean) policies.
(1)
					 Export property may be covered without restriction as to time or location of
					 the property, provided coverage includes transportation hazards.
(2) The property becomes export property when
					 it is so designated or while it is being prepared for export. Export property
					 retains its character unless diverted for domestic trade. When the property is
					 diverted for domestic trade, §
											5.5004 of this title (relating to
					 Inland Marine Insurance -- Domestic Shipments) applies.
(3) Paragraphs (1) and (2) of this section do
					 not apply to methods of insuring commodities such as cotton that were
					 established before September 28, 1984.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5004 - Inland Marine Insurance - Domestic Shipments

Current through Reg. 49, No. 28; July 12, 2024
Domestic shipments (non-filed).
(1) Inland marine policies may cover domestic
					 shipments on consignment while in transit.
(A)
					 Domestic shipments on consignment for sale or distribution for account of the
					 consignor may be covered with no restriction as to time in storage or deposit.
					 The shipments may be covered while in the custody of others. Coverage may also
					 include return shipments. Coverage may not extend to premises owned, leased, or
					 controlled by the consignor.
(B)
					 Domestic shipments on consignment for sale or distribution for account of the
					 consignee may be covered while in the custody of others and may include return
					 shipments. Coverage may extend to premises owned, leased, or controlled by the
					 consignee for no more than 120 days. If coverage is issued jointly to consignee
					 and consignor, the same 120-day limitation applies to the consignee's
					 interest.
(C) Domestic shipments on
					 consignment for account of the consignor or consignee for exhibition, trial,
					 approval, or auction may be covered with no restriction as to time in storage
					 or deposit or on exhibition. The shipments may be covered while in the custody
					 of others. Coverage may also include return shipments.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5005 - Inland Marine Insurance - Bridges, Tunnels, and Other Instrumentalities of Transportation and Communication

Current through Reg. 49, No. 28; July 12, 2024
Bridges, tunnels, and other instrumentalities of
						transportation and communication (non-filed).
(1) Policies with fire and extended coverage
					 must also cover at least one other peril.
(2) Policies must exclude buildings, office
					 furniture, and supplies stored in the buildings.
(3) Policies covering piers, wharves, docks,
					 and slips must exclude fire and extended coverage.
(4) Other navigation and transportation aids,
					 including dry docks and marine railways, may be covered against any
					 risks.
(5) Property insured under
					 this section may include:
(A) pipelines,
					 including on-line propulsion, regulating, and other equipment appurtenant to
					 such pipelines, but excluding all property at manufacturing, producing,
					 refining, converting, treating, or conditioning plants;
(B) power transmission, telephone, and
					 telegraph lines, excluding all property at generating, converting, or
					 transforming stations, substations, and exchanges;
(C) radio and television communication
					 equipment in commercial use, including towers, antennae, auxiliary equipment,
					 electrical operating and control apparatuses, and other property directly used
					 for transmitting or receiving; and
(D) outdoor cranes, loading bridges, and
					 similar equipment used to load, unload, and transport.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5007 - Inland Marine Insurance - Commercial Credit Property Insurance

Current through Reg. 49, No. 28; July 12, 2024
Commercial credit property insurance (non-filed). These
						policies provide property coverage for commercial credit transactions involving
						installment sales, leased property, and deferred payment contracts. The
						policies cover the interest of a vendor or mortgagee in property sold in a
						commercial transaction under an installment sales contract, or a partial or
						deferred payment contract, and the interest of a lessor in leased
						property.
(1) For purposes of this
					 section, a commercial credit transaction is one that does not fall within the
					 meaning of a consumer credit transaction as described in §
											5.5006 of this title (relating to
					 Inland Marine Insurance -- Consumer Credit Property Insurance).
(2) Policies must include coverage while in
					 transit.
(3) Policies may extend
					 coverage to include vendee, mortgagor, or lessee interests. The policy may not
					 cover beyond the termination of the vendor's, mortgagee's, or lessor's
					 interest.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 1 - INLAND MARINE INSURANCE › Section 5.5008 - Inland Marine Insurance - Other Inland Marine Risks

Current through Reg. 49, No. 28; July 12, 2024
Other inland marine risk definitions and classifications
						follow.
(1) Accounts receivable
					 (non-filed).
(2) Agricultural
					 machinery and equipment. These risks include:
(A) personal risks (filed); and
(B) dealers and other commercial risks
					 (non-filed).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 2 - MULTI-PERIL INSURANCE › Section 5.5101 - Rates for Commercial Multi-peril Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) This section provides a rate regulatory
					 procedure for commercial multi-peril policies.
(b) The word "rate," when used in this
					 section, means the cost of insurance per exposure unit, whether expressed as a
					 single number or as a prospective loss cost, with an adjustment to account for
					 the treatment of expenses, profit, and individual insurer variation in loss
					 experience, including any application of individual risk variations based on
					 loss or expense considerations.
(c)
					 Rates for commercial multi-peril policies are subject to the rate regulatory
					 provisions of Insurance Code Chapter 2251, concerning Rates, except as provided
					 in subsections (d) and (e) of this section.
(d) For a commercial multi-peril policy
					 described in this section, Lloyd's plans, reciprocals, and interinsurance
					 exchanges must file with TDI a schedule of the amounts to be charged
					 policyholders or applicants and the amounts of any rate changes for all lines
					 of insurance that are included in the commercial multi-peril policy, including
					 commercial property and inland marine lines of insurance. The schedule must
					 include any amount charged, including rates, policy fees, service fees, and
					 other fees that are charged or collected under Insurance Code §
											550.001, concerning
					 Solicitation or Collection of Certain Payments. Commercial multi-peril policies
					 that contain lines of insurance other than those specified in subsection (e)(1)
					 - (6) of this section are subject to the requirements of subsection (c) of this
					 section.
(e) To receive a reduction
					 in filing requirements under this section, a commercial multi-peril policy
					 filed by a Lloyd's plan, reciprocal, or interinsurance exchange may contain
					 some combination of only the following lines of insurance:
(1) general liability;
(2) commercial property;
(3) commercial casualty, including boiler and
					 machinery, commercial crime, commercial glass, and professional liability, but
					 excluding commercial automobile, fidelity, surety and guaranty bonds, financial
					 guaranty, and workers' compensation;
(4) medical professional liability;
(5) inland marine; and
(6) garage insurance, including all coverages
					 and endorsements included in the Texas Garage Policy, except for those
					 coverages specifically rated on the basis of risk characteristics of the
					 automobile or the person driving.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter F - INLAND MARINE INSURANCE, MULTI-PERIL INSURANCE, AND COMMERCIAL LINES › Division 3 - EXEMPT COMMERCIAL LINES › Section 5.5201 - Exempt Commercial Lines

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
					 this section is to identify commercial lines of insurance that the commissioner
					 of insurance has determined should be exempt from the rate filing requirements
					 in Insurance Code Chapter 2251, Subchapter C, concerning Rate Filings, and the
					 form filing requirements in Insurance Code Chapter 2301, Subchapter A,
					 concerning Policy Forms Generally. These exemptions are in addition to the
					 exceptions for certain lines of insurance listed in Insurance Code §
											2251.0031(a),
					 concerning Exceptions for Certain Lines, and Insurance Code §
											2301.0031(a),
					 concerning Exceptions for Certain Lines.
(b) The rate filing requirements in Insurance
					 Code Chapter 2251, Subchapter C, and the form filing requirements in Insurance
					 Code Chapter 2301, Subchapter A, do not apply to any line of the following
					 kinds of insurance written under a commercial insurance policy or contract:
(1) commercial credit insurance products that
					 cover outstanding commercial debt, including trade credit insurance and
					 commercial guaranteed auto protection (GAP) insurance;
(2) crime insurance;
(3) fidelity and surety products, whether
					 referred to as a bond or insurance, including products that cover crime,
					 forgery, and employee dishonesty;
(4) financial guaranty;
(5) glass insurance;
(6) hail insurance on farm crops;
(7) rain insurance;
(8) employee benefits liability;
(9) liquor liability;
(10) owners and contractors protective
					 liability;
(11) railroad protective
					 liability; or
(12) commercial
					 tuition withdrawal insurance.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6401 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This division establishes the licensing, contracting,
						reporting, and financial requirements, procedures, responsibilities, and
						obligations applicable to applicants and workers' compensation self-insurance
						groups holding a certificate of approval issued under the Labor Code Chapter
						407A.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6403 - Application for Initial Certificate of Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) An unincorporated association or business
					 trust composed of five or more private employers that proposes to organize as a
					 workers' compensation self-insurance group shall file with the department an
					 application for a certificate of approval.
(b) Contents of the application must include
					 the information required by Labor Code § 407A.051.
(c) In addition to the information required
					 under subsection (b) of this section, an applicant shall also provide the
					 following:
(1) A statement that demonstrates
					 that the members of the group are in the same or similar type of business as
					 required by Labor Code § 407A.002(a)(1).
(A) The statement should demonstrate that the
					 members of the group have the same governing classification.
(B) If the members of the proposed group have
					 different governing classifications, the statement should demonstrate how the
					 business pursuits of the members of the group are similar enough in operation
					 in the Commissioner of Insurance's discretion to be grouped together.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6404 - Notification to the Department and Responsibility for Continued Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than 30 days after the effective
					 date of the change, a group shall provide written notice to the department
					 identifying:
(1) any change in the
					 information filed by the group under the Labor Code § 407A.051(c) and
					 §5.6403 of this division (relating to Application for Initial Certificate
					 of Approval); and
(2) any change in
					 the group's manner of compliance with the Labor Code § 407A.051(c) and
					 §5.6403 of this division.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6407 - Acknowledgement of Indemnity Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Each member shall execute the acknowledgement set forth in subsection (b) of
					 this section. The acknowledgement shall be printed in black ink on an 8 1/2
					 inch by 11 inch sheet of white paper in at least 11 point type.
(b) The acknowledgement form is as follows:
Attached
						Graphic
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6408 - Fidelity and Performance Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Fidelity bonds required of an administrator under the Labor Code §
					 407A.051(c)(12) and §5.6403(c)(6) of this division (relating to
					 Application for Initial Certificate of Approval) and a service company under
					 the Labor Code § 407A.051(c)(13) and §5.6403(c)(7) of this division
					 must protect against loss caused directly by an act of fraud or dishonesty by
					 the employees of the administrator or service company and such fidelity bond
					 shall include the group as a loss payee.
(b) A performance bond required under the
					 Labor Code § 407A.057(a) and §5.6403(c)(8) of this division for a
					 service company providing claims services to or on behalf of a group shall be
					 in substantially the form set forth in subsection (c) of this
					 section.
(c) A performance bond
					 required under the Labor Code § 407A.057(a) and §5.6403(c)(8) of this
					 division shall contain the following text and shall be in the following format:
Attached
						Graphic
(d)
					 Administrators and service companies may only obtain a fidelity or performance
					 bond from a surety company authorized to engage in business in this state as a
					 surety or an eligible surplus lines insurer in compliance with the Insurance
					 Code Chapter 981 and regulations adopted thereunder.
(e) An administrator or service company that
					 has a fidelity or performance bond cancelled or terminated and not replaced
					 with new coverage that meets the requirements of the Labor Code Chapter 407A
					 and this division and that is effective concurrently upon the date of the
					 cancellation or termination shall:
(1)
					 immediately inform the commissioner in writing, which in no event shall be
					 later than five business days from the date the administrator or service
					 company first becomes aware of the cancellation or termination; and
(2) immediately inform the group in writing,
					 which in no event shall be later than five business days from the date the
					 administrator or service company first becomes aware of the cancellation or
					 termination.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6409 - Books and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 otherwise provided in this division, this section applies to all books and
					 records of a group, regardless of whether the books and records are located in
					 the State of Texas or outside the State of Texas.
(b) A group's books and records must be
					 located within the United States of America and its territories at all times,
					 but may be located outside the State of Texas, provided that the group provides
					 prior written notice to the department that:
(1) provides the specific address outside the
					 State of Texas where the group's books and records will be located;
(2) identifies the types of books and records
					 that will be located outside the State of Texas, including those that will be
					 maintained in an electronic format;
(3) if applicable, identifies the vendor of a
					 leased or purchased software or electronic platform who will provide services
					 to the group related to the maintenance of the group's books and records;
					 and
(4) if applicable, includes the
					 group's continuity plan in the event of cancellation or termination of the
					 arrangement with a vendor identified by the group pursuant to paragraph (3) of
					 this subsection.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6410 - Investments

Current through Reg. 49, No. 28; July 12, 2024
(a) The board of trustees shall maintain
					 responsibility for all money collected or disbursed from the group.
(b) The board shall annually adopt a written
					 investment plan consistent with the requirements for the investments authorized
					 under Insurance Code Article 2.10 and §822.204 for minimum capital and
					 surplus and reserves. The investment plan shall meet the requirements of
					 Insurance Code Article 2.10(a).
(c)
					 With the prior written approval of the Commissioner, a group may invest up to
					 5% of its assets in a manner other than that authorized under this
					 section.
(d) The group shall hold
					 all investments in accordance with Texas Insurance Code Article
					 21.39B.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6411 - Contract Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A group shall
					 execute a written agreement with a person identified pursuant to
					 §5.6403(c)(12)(A) or (B) of this division (relating to Application for
					 Initial Certificate of Approval) that meets the requirements of this
					 section.
(b) If a person identified
					 pursuant to §5.6403(c)(12)(A) or (B) of this division delegates any of the
					 services that it has agreed to provide on behalf of a group to another person,
					 the delegating person shall execute a written agreement with the person to whom
					 the services are delegated. The written agreement must meet the requirements of
					 this section.
(c) A group retains
					 ultimate accountability and responsibility for compliance with all statutory
					 and regulatory requirements, and no written agreement may be construed to
					 limit, in any way, the group's ultimate accountability and
					 responsibility.
(d) A written
					 agreement entered into pursuant to subsection (a) or (b) of this section shall
					 include:
(1) a requirement that the
					 administrator, service company, or third party administrator must comply with
					 the applicable requirements of the Insurance Code and the Labor Code and rules
					 adopted thereunder, including holding the appropriate licenses or certificates
					 of authority under the Insurance Code or the Labor Code;
(2) a requirement that the administrator,
					 service company, or third party administrator must permit the commissioner or
					 the group to examine at any time:
(A) its
					 financial solvency; and
(B) its
					 ability to perform its responsibilities under the written agreement;
(3) a description of the duties or
					 services that the administrator, service company, or third party administrator
					 is expected to provide and any applicable instructions related to the
					 performance of those services, including references to a group's claims
					 handling practices or procedures; and
(4) a provision relating to continuity of
					 services, including run off fee schedules and the transfer of the books and
					 records of a group from one administrator, service company, or third party
					 administrator to another administrator, service company, or third party
					 administrator.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6412 - Operational Review Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A group shall
					 annually adopt an operational review plan that provides for sufficient
					 oversight of any person who is required to enter into a written agreement
					 pursuant to §5.6411(a) or (b) of this division (relating to Contract
					 Provisions). The group may modify the operational review plan at any time in
					 order to meet the group's needs.
(b) The operational review plan shall, at a
					 minimum:
(1) include the group's estimated
					 projections for the information enumerated in paragraph (2) of this subsection
					 for each quarter of the group's upcoming fund year;
(2) require any person that is required to
					 enter into a written agreement pursuant to §5.6411(a) or (b) of this
					 division to submit quarterly reports to the group containing the following
					 information, as applicable:
(A) projected
					 premium revenue for the current fund year and a comparison to premium revenue
					 for the previous fund year;
(B)
					 membership counts, including members lost and gained in the current fund year;
					 and
(C) a summary of the
					 performance of the group for each fund year in which the group has been in
					 existence, including:
(i) number of claims
					 reported;
(ii) incurred
					 losses;
(iii) premium
					 received;
(iv) loss
					 ratio;
(v) expense ratio;
(vi) delineation of claims likely to exceed
					 the specific retention; and
(vii)
					 delineation of fund years likely to exceed any aggregate retention;
					 and
(3)
					 provide for corrective action, as determined by the board of trustees of the
					 group, if the performance of the group does not meet its estimated projections
					 required under this section.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 2 - GROUP SELF-INSURANCE COVERAGE › Section 5.6413 - Membership Cancellation or Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) A group is required to notify the
					 commissioner pursuant to the Labor Code § 407A.201(c) only if the group
					 experiences a reduction in membership, caused by either cancellation or
					 termination, resulting in a cumulative reduction of 10 percent or more of its
					 annual written premium, not later than the 10th day after the date on which the
					 cumulative reduction in membership takes effect.
(b) The notification required by subsection
					 (a) of this section must include:
(1) an
					 explanation of the reason for the cancellation or termination of each member of
					 the group; and
(2) a statement
					 indicating how the group anticipates addressing the membership loss, including
					 whether or not assessments of the remaining members of the group will be
					 necessary.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 3 - SPECIAL INSTRUCTIONS FOR PREPARATION OF WORKERS' COMPENSATION INSURANCE POLICIES FOR LLOYDS PLAN INSURERS, MUTUAL INSURERS, RECIPROCAL EXCHANGES, AND PARTICIPATING POLICIES ISSUED BY STOCK INSURANCE COMPANIES › Section 5.6501 - Special Instructions for Preparation of Workers' Compensation Insurance Policies for Lloyds Plan Insurers, Mutual Insurers, Reciprocal Exchanges, and Participating Policies Issued by Stock Insurance Companies

Current through Reg. 49, No. 28; July 12, 2024
The State Board of Insurance adopts by reference special
						instructions for preparation of workers' compensation insurance policies for
						Lloyds plan insurers, mutual insurers, reciprocal exchanges, and participating
						policies issued by stock insurance companies. This material may be inspected or
						obtained by contacting the State Board of Insurance, 1110 San Jacinto Street,
						Austin, Texas 78786.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter G - WORKERS' COMPENSATION INSURANCE › Division 4 - TEXAS DETAILED CLAIM INFORMATION STATISTICAL PLAN › Section 5.6601 - Texas Detailed Claim Information Statistical Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) This section applies to workers'
					 compensation insurance and includes employers' liability insurance. Whenever
					 the term "workers' compensation" is used in this section, the term includes and
					 applies to employers' liability insurance.
(2) This section applies to each insurance
					 company authorized to write workers' compensation insurance in the State of
					 Texas as specified in the Insurance Code §
												2053.001(2).
					 Each insurance company is required to report to the commissioner, or the
					 commissioner's designated statistical agent, information prescribed by the
					 commissioner under the Insurance Code §
												2053.151
					 for each workers' compensation insurance claim.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter H - CANCELLATION, DENIAL, AND NONRENEWAL OF CERTAIN PROPERTY AND CASUALTY INSURANCE COVERAGE › Division 1 - GENERAL PROVISIONS › Section 5.7001 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Sections
					 5.7002-
					 5.7012
					 of this title (relating to Cancellations; Calculation of Time Period; Certain
					 Acts Regarded as Cancellation; Special One-Year Rule Applicable Only to
					 Personal Automobile Policies; Discontinuing the Writing of Certain Lines or
					 Classes, Withdrawing from a Geographical Area, or Withdrawing from an Agency;
					 Renewal of Policies; Records Required; Insurance Code Chapter 4051, Subchapter
					 H; Endorsement Forms; Violations; and Reason for Declination, Cancellation, or
					 Nonrenewal) apply to companies or insurers writing the following types of
					 insurance policies which become effective on or after February 1, 1972, and to
					 no other policies, except as otherwise provided in this section:
(1) personal automobile policies. Except for
					 §
												5.7012
					 of this title, these sections do not apply to any automobile policy written
					 through the Texas Automobile Insurance Plan;
(2) homeowners or farm or ranch owners
					 policies;
(3) standard fire
					 policies insuring:
(A) a one-family dwelling
					 or a duplex; or
(B) the contents of
					 a one-family dwelling, a duplex, or an apartment; or
(4) insurance policies providing property and
					 casualty coverage, other than a fidelity, surety, or guaranty bond to
					 governmental units. A governmental unit means the State of Texas and all of the
					 several agencies of government which collectively constitute the government of
					 the State of Texas, specifically including:
(A) this state;
(B) an agency of this state;
(C) a political subdivision of this state,
					 including:
(i) a municipality or
					 county;
(ii) a school district or
					 junior college district;
(iii) a
					 levee improvement district, drainage district, or irrigation
					 district;
(iv) a water improvement
					 district, water control and improvement district, or water control and
					 preservation district;
(v) a
					 freshwater supply district;
(vi) a
					 navigation district;
(vii) a
					 conservation and reclamation district;
(viii) a soil conservation
					 district;
(ix) a communication
					 district;
(x) a river authority;
					 and
(xi) councils and courts;
					 or
(D) any other
					 governmental agency whose authority derives from the laws and constitution of
					 this state.