reglab/statecodes huggingface dataset:
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 5.7002 - Cancellations

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer may cancel a personal
					 automobile policy if it has been in effect for more than 59 days for only the
					 following reasons:
(1) the failure of the
					 insured to discharge his or her obligation in the payment of premium for the
					 policy or any installment thereof, whether payable directly to the company or
					 its agent or indirectly under any premium finance plan or extension of
					 credit;
(2) the suspension or
					 revocation of the driver's license or motor vehicle registration of the named
					 insured or of any other operator who either resides in the same household or
					 customarily operates an automobile insured under the policy. Provided, however,
					 a company may not cancel if the policyholder consents to the attachment of an
					 endorsement eliminating coverage when the driver whose license is suspended or
					 revoked is operating the vehicle;
(3) the department determines that the
					 continuation of the policy would violate or place the company in violation of
					 the Insurance Code or any other law governing the business of insurance in this
					 state; or
(4) the insured submits a
					 fraudulent 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 5.7003 - Calculation of Time Period

Current through Reg. 49, No. 28; July 12, 2024
The 60- or 90-day time period specified in §
											5.7002
						of this title (relating to Cancellations) is calculated from the effective date
						of the policy to the date on which notice of cancellation is mailed. For the
						purpose of these sections, a renewal, in the same company, of an expiring
						policy is considered as an extension of the earlier policy
						period.
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 5.7004 - Certain Acts Regarded as Cancellation

Current through Reg. 49, No. 28; July 12, 2024
Any company that declines to recognize or put into effect
						additional coverage to which an insured is entitled under the provisions of an
						existing policy, or that attempts to reduce or restrict coverage under the
						provisions of an existing policy by endorsements or by any other means, is in
						violation of these sections if such acts are performed without the consent of
						the insured, and shall be subject to the same penalties as a policy that is
						cancelled in violation of these sections.
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 5.7005 - Special One-Year Rule Applicable Only to Personal Automobile Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of rule. It is the purpose of
					 this special section to provide continuity of coverage for a period of at least
					 one year when the policy is written for a lesser term. Its purpose is also to
					 permit cancellation at the expiration of a one-year term when coverage is
					 written to cover a period of more than one year.
(b) Cancellation. A company may cancel
					 personal automobile policies irrespective of the reasons which prompt it to do
					 so, if the purpose is to terminate coverage concurrently with the expiration of
					 any annual period, beginning with the original effective date of the policy.
					 The prohibition contained in §
											5.7002
					 of this title (relating to Cancellations) is inapplicable to such
					 cancellations. It is especially provided, however, that a company which cancels
					 on the anniversary, and in accordance with the provisions of this subsection
					 must give the policyholder at least 30 days prior written notice of
					 cancellation.
(c) Personal
					 automobile policies which are written for a period of less than one year must
					 be renewed, at the option of the insured, for additional periods so as to
					 accumulate a minimum of 12 months' continuous coverage.
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 5.7005 - Special One-Year Rule Applicable Only to Personal Automobile Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of rule. The purpose of this
					 section is to:
(1) require continuity of
					 coverage for at least one year when the policy is written for a lesser term;
					 and
(2) allow cancellation at the
					 expiration of a one-year term when coverage is written for more than one
					 year.
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 5.7006 - Discontinuing the Writing of Certain Lines or Classes, Withdrawing from a Geographical Area, or Withdrawing from an Agency

Current through Reg. 49, No. 28; July 12, 2024
This section applies to all property and casualty
						insurance policies; it is not restricted to the types of policies specifically
						enumerated in §
											5.7001(a)
						of this title (relating to Applicability). No company may cancel any such
						policy if the decision to cancel is motivated to any extent whatsoever by the
						fact that the company has, or intends, to discontinue the writing of the line
						or class of insurance involved, to withdraw from the geographical area
						involved, or to withdraw from the agency through which the policy was
						written.
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 5.7007 - Renewal of Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) A policy must
					 be renewed at expiration, at the option of the policyholder, unless the company
					 has mailed written notice to the policyholder of its intention to decline
					 renewal at least 30 days in advance of the policy expiration date. The company
					 may comply with this provision by requiring or permitting its agent to notify
					 the policyholder. However, the responsibility of giving notice to the insured
					 remains with the company if the agent fails to carry out its instructions to
					 notify the insured.
(b) A company
					 may not decline to renew personal automobile policies because of the ages of
					 the insureds.
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 5.7007 - Renewal of Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided in Insurance Code §
											551.1053, concerning
					 Mandatory Nonrenewal of Private Passenger Automobile Insurance Policies, and
					 Division 2 of this subchapter (relating to Mandatory Nonrenewal of Private
					 Passenger Automobile Insurance Policies), a policy must be renewed at
					 expiration, at the option of the policyholder, unless the insurer has mailed
					 written notice of nonrenewal to the policyholder at least 60 days before the
					 policy's expiration date. The insurer may comply with this provision by
					 requiring or permitting its agent to notify the policyholder. However, it is
					 the insurer's responsibility to give notice to the policyholder if the agent
					 fails to notify the insured.
(b) An
					 insurer may not decline to renew personal automobile policies because of the
					 ages of the insureds.
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 5.7008 - Records Required

Current through Reg. 49, No. 28; July 12, 2024
Each company shall keep sufficient underwriting
						information concerning cancellation, restrictions of coverage, or nonrenewal
						readily available for review by the State Board of Insurance and furnish the
						information to the board upon request; these records must be retained in
						accordance with the company's normal retention practices for the "daily
						reports" of expired policies.
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 5.7009 - Insurance Code Chapter 4051, Subchapter H

Current through Reg. 49, No. 28; July 12, 2024
Insurance Code Chapter 4051, Subchapter H, deals with the
						relations between companies and their agents. Insurance Code Chapter 4051,
						Subchapter H, also contains provisions relative to cancellations and renewals
						of policies written through agencies which are subsequently terminated. All
						provisions of these sections shall be interpreted so as to give full effect to
						Insurance Code Chapter 4051, Subchapter H. Insurance Code Chapter 4051,
						Subchapter H, shall not be interpreted to impair any obligations which the
						company owes to the policyholder, even though the agent has no authority to act
						on behalf of the company.
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 5.7010 - Endorsement Forms

Current through Reg. 49, No. 28; July 12, 2024
Except for the requirements in §
											5.7012
						of this title (relating to Reason for Declination, Cancellation, or Nonrenewal)
						and the definition of "governmental unit" in §
											5.7001(a)(4)
						of this title (relating to Applicability), endorsement forms setting forth the
						provisions of this subchapter will be prescribed or approved by the State Board
						of Insurance for all general liability, automobile, homeowners, and farm and
						ranch owners policies, standard fire policies insuring one family dwellings or
						duplexes or contents of either, and property policies insuring governmental
						units.
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 5.7011 - Violations

Current through Reg. 49, No. 28; July 12, 2024
In addition to all other remedies provided by law, any
						policy cancellation or restriction of coverage made in violation of this
						subchapter shall be deemed to be null and void and of no effect. Policies on
						which notice of nonrenewal is not given as required by this subchapter shall be
						renewed at the request of the insured.
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 5.7011 - Violations

Current through Reg. 49, No. 28; July 12, 2024
In addition to all other remedies provided by law, any
						policy cancellation or restriction of coverage made in violation of this
						subchapter is deemed to be null and void and of no effect. Policies on which
						notice of nonrenewal is not given as required by this division must be renewed
						at the request of the insured.
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 5.7012 - Reason for Declination, Cancellation, or Nonrenewal

Current through Reg. 49, No. 28; July 12, 2024
Insurers must provide to policyholders or applicants a
						written statement of the reason or reasons for the declination, cancellation,
						or nonrenewal of any policy regulated by the State Board of Insurance pursuant
						to the Insurance Code, Chapter 5, upon request by the policyholder or
						applicant. This section is applicable to policies prescribed or approved by the
						board under authority of the Insurance Code, Articles 5.06, 5.13-1, 5.15,
						5.15-1, 5.35, 5.36, 5.53, 5.53-A, 5.56, 5.57, 5.81, and 5.91.
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 5.7012 - Reason for Declination, Cancellation, or Nonrenewal

Current through Reg. 49, No. 28; July 12, 2024
Insurers must provide to policyholders or applicants a
						written statement of the reason or reasons for the declination, cancellation,
						or nonrenewal of any policy regulated by TDI, upon request by the policyholder
						or applicant.
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 5.7013 - Notice Requirements for Cancellation and Nonrenewal for General Liability and Certain Automobile Insurance Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) General liability insurance policies and
					 automobile insurance policies to which this section applies may be cancelled by
					 the company by mailing written notice to the insured of its intent to cancel at
					 least 45 days prior to the effective date of cancellation, except as provided
					 in §
											5.7014
					 of this title (relating to Exceptions to Cancellations and Nonrenewal Notice
					 Requirements for General Liability and Certain Automobile Insurance Policies).
					 The company may comply with this provision by requiring or permitting its agent
					 to notify the policyholder. However, the responsibility of giving notice to the
					 insured remains with the company if the agent fails to carry out its
					 instructions to notify the insured.
(b) General liability insurance policies and
					 automobile insurance policies to which this section applies must be renewed at
					 expiration, at the option of the policyholder, unless the company has mailed
					 written notice to the policyholder of its intention to decline renewal at least
					 45 days in advance of the policy expiration date except as provided in §
											5.7014(d)
					 of this title (relating to Exceptions to Cancellation and Nonrenewal Notice
					 Requirements for General Liability and Certain Automobile Insurance Policies).
					 The company may comply with this provision by requiring or permitting its agent
					 to notify the policyholder. However, the responsibility of giving notice to the
					 insured remains with the company if the agent fails to carry out its
					 instructions to notify the insured. Upon failure of the insured to pay the
					 renewal premium when due, the company's obligation to renew the policy on its
					 expiration date terminates, regardless of whether the company has given any
					 notice of intent to decline renewal.
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 5.7013 - Notice Requirements for Cancellation and Nonrenewal for General Liability and Certain Automobile Insurance Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer may
					 cancel general liability insurance policies and commercial automobile insurance
					 policies to which this section applies by providing the notice required by
					 Insurance Code §
											551.053, concerning
					 Written Notice of Cancellation Required, except as provided by §
											5.7014 of this title (relating to
					 Exceptions to Cancellations and Nonrenewal Notice Requirements for General
					 Liability and Certain Automobile Insurance Policies).
(b) General liability insurance policies and
					 automobile insurance policies to which this section applies must be renewed at
					 expiration, at the option of the policyholder, unless the company has provided
					 the written notice required by Insurance Code §
											551.054, concerning
					 Written Notice of Nonrenewal Required, or by Insurance Code §
											551.1053, concerning
					 Mandatory Nonrenewal of Private Passenger Automobile Insurance Policies. If the
					 insured does not pay the renewal premium when due, the insurer's obligation to
					 renew terminates on the policy's expiration date, regardless of whether the
					 company has given notice of nonrenewal.
(c) An insurer may comply with this section
					 by requiring or permitting its agent to notify the policyholder. However, it is
					 the insurer's responsibility to give notice to the policyholder if the agent
					 fails to notify the policyholder.
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 5.7014 - Exceptions to Cancellation and Nonrenewal Notice Requirements for General Liability and Certain Automobile Insurance Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon failure of the insured to discharge
					 any obligations in the payment of premium for the policy or any installment
					 thereof, whether payable directly to the company or its agent or indirectly
					 under any premium finance plan or extension of credit, the company may cancel
					 the policy by mailing written notice to the insured at least 10 days prior to
					 the effective date of cancellation.
(b) Upon a substantial change in operations
					 resulting in an increase in exposure within the control of the insured which
					 would produce an increase in rate, the company may cancel the policy by mailing
					 written notice to the insured at least 10 days prior to the effective date of
					 cancellation.
(c) Upon a
					 determination by the State Board of Insurance that the continuation of the
					 policy would violate or place the company in violation of the Texas Insurance
					 Code, the company may cancel the policy by mailing written notice to the
					 insured at least 10 days prior to the effective date of cancellation.
(d) Where a company has been placed in
					 supervision, conservatorship, or receivership, the company may cancel or
					 decline to renew a policy by mailing written notice to the insured at least 10
					 days prior to the effective date of cancellation or to the expiration date of
					 the policy (in the case of nonrenewal) upon approval or at the direction of the
					 supervisor, conservator, or receiver.
(e) On a new policy, not a renewal in the
					 same company, a company may cancel within 60 days of the initial effective date
					 of the policy by mailing written notice to the insured at least 10 days prior
					 to the effective date of cancellation.
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 5.7015 - Refund of Unearned Premium

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Insurers must refund the appropriate portion of any unearned premium to the
					 policyholder not later than the 15th business day after the effective date of
					 cancellation or termination of a personal automobile or residential property
					 insurance policy, as required by Insurance Code §
											558.002(d).
(b) For purposes of this section and
					 Insurance Code §
											558.002(d),
					 the "effective date of cancellation or termination" means the date the insurer
					 receives notice of the cancellation or termination, or the date of the
					 cancellation or termination, whichever is later. This does not change the
					 actual date of cancellation or termination for calculating the amount of
					 unearned premium or any other purpose.
(c) Insurers may refund unearned premium by
					 applying it as a credit to other premium due on the same policy, unless the
					 policyholder requests otherwise.
(d) This section applies to any unearned
					 premium, including any that results from cancellation or termination of an
					 entire policy or an endorsement.
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 5.7016 - Prohibition of Nonrenewal for Not-at-Fault Accidents or Claims - Personal Auto Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) None of the
					 types of claims or accidents listed in paragraphs (1)-(4) of this subsection
					 may be used by any insurer as the sole basis for a refusal to renew a personal
					 auto policy:
(1) claims involving damage from
					 a weather-related incident that do not involve a collision, such as, but not
					 limited to, hail, flood, tornado, winds, or hurricanes;
(2) accidents or claims involving damage by
					 contact with animals or fowls;
(3)
					 accidents or claims involving damages caused by flying gravel, missiles, or
					 falling objects; provided, however, that upon renewal the insurer may increase
					 the deductible to the higher of $250 or the next higher available deductible
					 increment in the event of three losses in any 36-month period; or
(4) towing and labor protection; however, the
					 insurer may eliminate towing and labor protection in the event of four towing
					 and labor claims in any 36-month period.
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 5.7018 - Notice to Lienholders

Current through Reg. 49, No. 28; July 12, 2024
(a) For a
					 personal automobile policy that includes comprehensive or collision physical
					 damage coverage for an automobile that is subject to a purchase money lien,
					 insurers must give written notice to the lienholder, if known, at least 10 days
					 before the insurer:
(1) cancels coverage;
					 or
(2) nonrenews the
					 policy.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7101 - Division Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This division
					 implements Insurance Code §
											551.1053, concerning
					 Mandatory Nonrenewal of Private Passenger Automobile Insurance
					 Policies.
(b) Insurance Code §
											551.1053 requires
					 insurers to nonrenew a policy if the insured fails or refuses to cooperate with
					 an insurer in an investigation, settlement, or defense of a third-party
					 liability claim or action.
(c) This
					 division applies to third-party liability claims and actions:
(1) involving insurers identified in
					 Insurance Code §
												551.101, concerning
					 Definition; and
(2) relating to
					 private passenger automobile insurance policies that are:
(A) personal automobile insurance policies,
					 or
(B) written for any governmental
					 entity or political subdivision identified in Insurance Code §
													551.102(4),
					 concerning Applicability of Subchapter.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7102 - Definition

Current through Reg. 49, No. 28; July 12, 2024
In this division, "Notice" means the notice of mandatory
						nonrenewal and opportunity to cooperate required by Insurance Code §
											551.1053(a),
						concerning Mandatory Nonrenewal of Private Passenger Automobile Insurance
						Policies.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7103 - Reasonable Efforts

Current through Reg. 49, No. 28; July 12, 2024
An insurer must use reasonable efforts to contact and
						encourage cooperation from an insured who fails or refuses to cooperate in an
						investigation, settlement, or defense of a third-party liability claim or
						action.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7104 - Notice Timing

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer must
					 send the Notice to the named insured within seven days after the insurer
					 decides that the insured failed or refused to cooperate.
(b) If an insurer decides during one policy
					 term that an insured failed or refused to cooperate during any prior policy
					 term, the insurer must send the Notice within seven days of making that
					 decision.
(c) If an insurer decides
					 that an insured failed or refused to cooperate, the insurer must send the
					 Notice even if the insurer has already sent a notice of nonrenewal for another
					 reason.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7105 - Prohibited Nonrenewal and Cooperation Timeframe

Current through Reg. 49, No. 28; July 12, 2024
(a) If an insurer
					 decides that the insured has cooperated, the insurer may not nonrenew the
					 policy for that insured's failure or refusal to cooperate.
(b) An insurer must give the insured at least
					 10 days to cooperate from the date the insurer sends the Notice, regardless of
					 when the policy term ends.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7106 - Extension of Term and Additional Premium

Current through Reg. 49, No. 28; July 12, 2024
(a) If the insurer
					 makes the decision that the insured failed or refused to cooperate when there
					 are less than 17 days before the end of the policy term, one way the insurer
					 may comply with §5.7104 and §5.7105(b) of this division (relating to
					 Notice Timing, and Prohibited Nonrenewal and Cooperation Timeframe,
					 respectively) is to extend the policy term. Extending the policy term gives the
					 insurer time to send the Notice to the named insured within seven days and also
					 gives the insured at least 10 days to cooperate.
(b) An insurer may charge additional premium
					 for any extended term on a pro rata basis, based on the premium for the
					 expiring term.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7107 - Notice of Mandatory Nonrenewal and Opportunity to Cooperate Under Insurance Code Section 551.1053

Current through Reg. 49, No. 28; July 12, 2024
(a) The Notice must
					 be written in:
(1) plain language (see TDI's
					 website for plain language guidance); and
(2) at least 10-point type.
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7108 - Sample Notice of Mandatory Nonrenewal and Opportunity to Cooperate

Current through Reg. 49, No. 28; July 12, 2024
The figures in this section provide samples of written
						Notices that comply with §5.7107 of this title (relating to Notice of
						Mandatory Nonrenewal and Opportunity to Cooperate under Insurance Code §
											551.1053). Insurers
						are not limited to using the samples in this section; they may use other
						content and formatting as long as the Notice they provide complies with this
						division.
Attached Graphic
Attached Graphic
Attached
						Graphic
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7109 - Mandatory Nonrenewal Under Insurance Code Section 551.1053

Current through Reg. 49, No. 28; July 12, 2024
(a) After
					 the insurer provides the Notice and gives the insured at least 10 days to
					 cooperate, then--if the insured continues to fail or refuse to cooperate--the
					 mandatory nonrenewal is effective at the end of the:
(1) policy term during which the insurer
					 decides the insured initially failed or refused to cooperate, or
(2) extended term under §5.7106 of this
					 title (relating to Extension of Term and Additional Premium).
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 2 - MANDATORY NONRENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES › Section 5.7110 - Nonrenewal Under Other Statutes

Current through Reg. 49, No. 28; July 12, 2024
(a) An insurer may
					 nonrenew a policy for a reason other than an insured's failure or refusal to
					 cooperate if the insurer complies with other laws governing renewal and
					 nonrenewal, including Insurance Code §
											551.105, concerning
					 Nonrenewal of Policies; Notice Required, and Insurance Code §
											551.106, concerning
					 Renewal and Reinstatement of Personal Automobile Insurance Policies.
(b) To encourage cooperation, even if an
					 insurer has already sent a notice of nonrenewal for another reason, the insurer
					 must still provide the Notice required by this division and Insurance Code
					 §
											551.1053(a).
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter I - RULES SUPPLEMENTARY TO THE INSURANCE CODE, CHAPTER 5, SUBCHAPTER L › Section 5.8001 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
These sections supplement the Insurance Code, Chapter 5,
					 Subchapter L. The sections contain certain additional interpretations,
					 requirements, and procedures which are appropriate to accomplish the purposes
					 of that subchapter.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter I - RULES SUPPLEMENTARY TO THE INSURANCE CODE, CHAPTER 5, SUBCHAPTER L › Section 5.8003 - Written Petitions

Current through Reg. 49, No. 28; July 12, 2024
In reviewing a petition under the Insurance Code, Article
					 5.96 or Article 5.97, the State Board of Insurance may require a written
					 description of the matters and information required by Article 5.96, §(b),
					 or Article 5.97, §(b), apart from the text of the matter
					 proposed.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter I - RULES SUPPLEMENTARY TO THE INSURANCE CODE, CHAPTER 5, SUBCHAPTER L › Section 5.8004 - Interpretations

Current through Reg. 49, No. 28; July 12, 2024
(a) After entering an order with respect to
				  any matter specified in the Insurance Code, Article 5.96, §(a), or Article
				  5.97, §(a), the board is required by Article 5.96, §(h), or Article
				  5.97, §(i), to file a notice of its action for publication in the Texas
				  Register. Matters specified in Article 5.96, §(a), and Article 5.97,
				  §(a), do not include the denial of a petition.
(b) Before the effective date of action, the
				  board is required by the Insurance Code, Article 5.96, §(h), and Article
				  5.97, §(i), to cause notice of its order to be sent to various persons as
				  specified in the statute. The statute in those sections refers to matters
				  specified in Article 5.96, §(a), or Article 5.97, §(a). Those matters
				  do not include the denial of a petition.
(c) Under the Insurance Code, Article 5.96,
				  §(h), and Article 5.97, §(i), the board may cause notice of
				  affirmative action taken to be mailed to the persons and parties specified by
				  statute either through its own offices or by direction to or arrangement with a
				  checking office, advisory organization, or other entity.
(d) Except for emergency matters, the board
				  may not act on a petition until it has been available for public inspection for
				  at least 15 days after the date of its filing. The petitioner may change a
				  petition after it is filed but before the board takes action. The 15-day period
				  will begin to run again after such a change, unless the changes are clearly
				  nonsubstantive and editorial in nature, in which case the original filing date
				  remains effective.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9001 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
It is the purpose of this subchapter to aid in implementing
					 the Amusement Ride Safety Inspection and Insurance Act (hereinafter referred to
					 as the Act). The provisions of this subchapter are in addition to, and not in
					 lieu of, the provisions of the Act (Title 13, Occupations Code, Chapter 2151).
					 This subchapter applies to:
(1) any
				  amusement ride as defined in the Act, §2151.002;
(2) the owner and operator of any amusement
				  ride;
(3) any agent or
				  representative of the owner or operator of any amusement ride;
(4) any insurer, including any surplus lines
				  insurer, as defined in the Insurance Code Chapter 981 and any other nonadmitted
				  company;
(5) any agent or
				  representative of any insurer, including surplus lines agents, as defined in
				  the Insurance Code Chapter 981 and agents of any nonadmitted company;
(6) any independently procured policy subject
				  to the Insurance Code, §
										101.001
				  et seq., providing bodily injury liability insurance for amusement rides;
				  and
(7) any inspector working as an
				  independent contractor or as an employee of an insurance carrier performing
				  amusement ride inspections on behalf of, or under contract with, an insurance
				  carrier.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9002 - 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.
(1) Act--The Amusement Ride Safety Inspection
				  and Insurance Act (Title 13, Occupations Code, Chapter 2151).
(2) Amusement ride--Any mechanical, gravity,
				  or water device or devices that carry or convey passengers along, around, or
				  over a fixed or restricted route or course or within a defined area for the
				  purpose of giving its passengers amusement, pleasure, or excitement, but such
				  term does not include:
(A) any coin-operated
				  ride that is manually, mechanically, or electrically operated and customarily
				  placed in a public location and that does not normally require the supervision
				  or services of an operator;
(B)
				  nonmechanized playground equipment, including, but not limited to, swings,
				  seesaws, stationary spring-mounted animal features, rider-propelled
				  merry-go-rounds, climbers, playground slides, trampolines, and physical fitness
				  devices; or
(C) a challenge course
				  or any part of a challenge course, as defined in §2151.107 of the Act to
				  mean a challenge, ropes, team building, or obstacle course that is constructed
				  and used for educational, team and confidence building, or physical fitness
				  purposes, if the person who operates the challenge course has an insurance
				  policy currently in effect written by an insurance company authorized to do
				  business in this state or by a surplus lines insurer, as defined by Chapter
				  981, Insurance Code, or has an independently procured policy subject to Chapter
				  101, Insurance Code, insuring the operator against liability for injury to
				  persons arising out of the use of the challenge course, in an amount not less
				  than:
(i) for facilities with a fixed
				  location:
(I) $100,000 bodily injury and
				  $50,000 property damage per occurrence, with a $300,000 annual aggregate;
				  or
(II) $150,000 per occurrence
				  combined single limit, with a $300,000 annual aggregate; and
(ii) for facilities other than
				  those with a fixed location:
(I) $1,000,000
				  bodily injury and $500,000 property damage per occurrence; or
(II) $1,500,000 per occurrence combined
				  single limit.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9003 - Administration and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Insurance is required by the Act to
					 administer and enforce the Act. Owners/operators operating amusement rides must
					 pay a fee of $40 per year for each amusement ride subject to the Act. The fees
					 must be paid by check or money order made payable to the Texas Department of
					 Insurance; or if paying over the Internet, the fee must be submitted through
					 the Texas OnLine Project, as directed by the Texas OnLine Authority, which may
					 add a surcharge for the online transaction. Except for overpayments resulting
					 from mistakes of law or fact, all fees are nonrefundable and
					 nontransferable.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9004 - Amusement Ride Operation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Operational Requirements. An owner/operator may not operate an amusement ride
				  unless the owner/operator has satisfied and is continuing to satisfy the
				  requirements in subsections (a) - (f) of this section.
(b) Insurance. The owner/operator must file
				  with the Texas Department of Insurance (TDI) the insurance policy or a
				  photocopy of the insurance policy certifying that the policy is a true copy of
				  the insurance policy provided to the insured as required by the Act, Chapter
				  2151.
(1) The Act, §2151.101, requires
				  that any person who operates an amusement ride must have currently in force a
				  combined single limit or split limit insurance policy written by an insurance
				  company authorized to do business in this state or by a surplus lines insurer,
				  as defined by the Insurance Code, Chapter 981, or have an independently
				  procured policy subject to the Insurance Code, Chapter 101, insuring the owner
				  or operator against liability for injury to persons arising out of use of the
				  amusement ride in an amount of not less than:
(A) for Class A amusement rides:
(i) $100,000 bodily injury and $50,000
				  property damage per occurrence with a $300,000 annual aggregate; or
(ii) $150,000 per occurrence combined single
				  limit with a $300,000 annual aggregate;
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9005 - Personnel Conducting Safety Inspections of Amusement Rides and Devices

Current through Reg. 49, No. 28; July 12, 2024
To conduct required safety inspections on amusement rides
					 and devices in accordance with the Act, the insurer must employ inspectors,
					 retain inspectors who are independent contractors, or contract with the insured
					 to have the amusement ride or device inspected by an
					 inspector.
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9006 - Public Information Sign

Current through Reg. 49, No. 28; July 12, 2024
An owner/operator who operates an amusement ride in this
					 state shall post a sign to inform the public how to report an amusement ride
					 that appears to be unsafe or to report an amusement ride operator who appears
					 to be violating the law.
(1) The sign
				  must be 20 inches in width and 30 inches in length and must be in at least
				  50-point, all capital block letters, bold-faced red-on-white-background type
				  and must be readable from a distance of 25 feet.
(2) The sign must be printed in both English
				  and Spanish.
(3) The sign must be
				  posted at the principal entrance(s) to the site at which an amusement ride is
				  located or at any location on that site at which tickets for an amusement ride
				  are available.
(4) The sign must
				  state the following:
Attached
					 Graphic
Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter J - RULES TO IMPLEMENT THE AMUSEMENT RIDE SAFETY INSPECTION AND INSURANCE ACT › Section 5.9007 - Quarterly Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner/operator who operates an amusement ride (the operator) shall maintain
				  accurate records of each injury caused by the ride in any state which injury
				  results in death or requires medical treatment. An injury is caused by the ride
				  if the injury occurs on the ride or is in any way associated with the ride.
(1) The Texas Department of Insurance (TDI)
				  adopts and incorporates by reference TDI Form AR-800 (Quarterly Injury Report)
				  Revised Effective October, 2005. This form is published by TDI and copies of
				  the form may be obtained from the Loss Control Regulation Division, Mail Code
				  103-9A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas
				  78714-9104. The operator shall file an injury report on TDI Form AR-800 with
				  TDI on a quarterly basis and shall include in the report a description of each
				  verifiable injury caused by a ride that results in death or injury that
				  requires medical treatment.
(2) For
				  purposes of this section, the term "medical treatment" includes treatment
				  (other than first aid) administered by a physician or by registered
				  professional personnel under the standing orders of a physician.
(3) For purposes of this section, the term
				  "medical treatment" does not include first-aid treatment (one-time treatment
				  and subsequent observation of minor scratches, cuts, burns, splinters, and any
				  other minor injuries that do not ordinarily require medical care) even though
				  treatment is provided by a physician or by registered professional
				  personnel.
(4) The quarterly injury
				  report is not required of the operator for any quarter in which no reportable
				  injury occurs in any state.