Texas Administrative Code

(a) When reviewing each filing under this division, TDI may request additional information specific to the filing. This information may include: (1) related forms or information needed for the review; (2) a summary of all policy provisions, including a detailed description and ex…

(a) Reference filings for policy forms and endorsements should not include a copy of the referenced material. (b) In addition to the transmittal information, a reference filing must include: (1) the name of the insurance company or advisory organization whose filing is being refe…

(a) TDI will consider a filing incomplete if the filing does not comply with the filing requirements in §§ 5.9321 - 5.9323 of this title (relating to General Filing Requirements, Additional Information, and Requirements for Reference Filings). (b) If TDI determines that a filing …

(a) By sending written notice to TDI, an insurer may waive the deadlines by which the Commissioner, under Insurance Code § 2301.006 , must approve or disapprove a form before it is deemed approved. (b) An insurer that waives the deadlines referenced in subsection (a) of this sect…

For policies effective on and after September 1, 2015, insurers that provide coverage to participants through a purchasing group must comply with the filing requirements of this division. Notes 28 Tex. Admin. Code § 5.9326 Adopted by Texas Register, Volume 44, Number 29, July 19,…

(a) Personal automobile and residential property insurance forms are subject to this subsection. (1) Filed forms must meet the plain-language requirements described in Insurance Code § 2301.053 , concerning Requirements for Forms; Plain-Language Requirement, and Commissioner's Or…

As Insurance Code § 2171.003 requires, insurers writing commercial group property insurance under Insurance Code § 2171.002 must file a policy form with the Commissioner before using the form for a group of businesses or an association described by §2171.002 in which each member …

The purpose of this division is to specify requirements for rate and rule filings under Insurance Code Chapters 2053, 2251, and 3502. Rate and rule filings may include rates, prospective loss costs, loss cost multipliers, rating manuals, and other supplementary rating information…

(a) Terms not defined in this section, but that are defined in Insurance Code Chapters 2053, 2251, or 3502, or in § 5.9310 of this title (relating to Property and Casualty Transmittal Information and General Filing Requirements), have the same meaning when used in this division u…

The categories of supporting information addressed in this section describe the different items that may be required or requested in a rate and rule filing. Section 5.9334 of this title (relating to Requirements for Rate and Rule Filing Submissions) lists the categories of suppor…

The categories of supplementary rating information addressed in this section describe the different items that may be required or requested in a rate and rule filing. Section 5.9334 of this title (relating to Requirements for Rate and Rule Filing Submissions) lists the categories…

(a) Insurers must file any new rates or revisions to previously filed rates governed by Insurance Code Chapter 2053, concerning Rates for Workers' Compensation Insurance, at least 30 days before they become effective. The insurer must file any supplementary rating information not…

(a) When reviewing each filing under this division, TDI may request additional supplementary rating information and supporting information. (b) To be considered fully responsive to a request for information, an insurer's responses must: (1) fully address all of the requests and q…

An insurer may, by sending written notice to TDI, waive the limits that § 5.9335 (d) of this title (relating to Requests for Information) imposes on the number of times TDI may request additional supplementary rating information and supporting information. Notes 28 Tex. Admin. Co…

For policies effective on and after September 1, 2015, insurers that provide coverage to participants through a purchasing group must comply with the filing requirements of this division. Notes 28 Tex. Admin. Code § 5.9337 Adopted by Texas Register, Volume 39, Number 45, November…

The purpose of this division is to specify underwriting guideline filing requirements under Insurance Code Chapter 38 and Chapter 2053. Notes 28 Tex. Admin. Code § 5.9340 The provisions of this §5.9340 adopted to be effective February 10, 2005, 30 TexReg 548; amended to be effect…

The following definitions apply to underwriting guideline filings under this division: (1) the definitions in § 5.9310 of this title (relating to Property and Casualty Transmittal Information and General Filing Requirements); (2) the definitions in Insurance Code § 38.002 apply t…

(a) Not later than 10 days after use, an insurer writing personal automobile, residential property, or workers' compensation insurance must file with TDI a comprehensive set of underwriting guidelines used by the insurer or its agent. (b) A filing made under subsection (a) of thi…

The purpose of this division is to specify filing requirements for credit scoring models and to specify other regulatory requirements under Insurance Code Chapter 559 for those insurers that use credit scoring in writing personal insurance in this state. Notes 28 Tex. Admin. Code…

(a) The definitions in § 5.9310 of this title (relating to Property and Casualty Transmittal Information and General Filing Requirements) apply to this division. Words and terms not defined in this division may be defined in Insurance Code Chapter 559 and will have the same meani…

(a) All credit scoring models must be filed before they can be used. Insurers referencing credit scoring models that have been filed with TDI by another entity on behalf of an insurer in this state must specify the exact name of the credit scoring model being referenced instead o…

The purpose of this division is to specify requirements for certain insurers who qualify for reduced rate filing requirements under the provisions of Insurance Code Chapter 2251, Subchapter F, concerning Exemptions for Certain Insurers from Rate Filing and Approval Requirements. …

The definitions in § 5.9331 of this title (relating to Definitions) apply to this division. Notes 28 Tex. Admin. Code § 5.9356 The provisions of this §5.9356 adopted to be effective February 10, 2005, 30 TexReg 548; Amended by Texas Register, Volume 44, Number 29, July 19, 2019, …

(a) Insurers writing residential property in underserved areas that may qualify under Insurance Code Chapter 2251, Subchapter F, concerning Exemptions for Certain Insurers from Rate Filing and Approval Requirements, must submit rate and rule filings in compliance with this subsec…

The purpose of this division is to specify filing requirements in addition to those in Division 4 of this subchapter (relating to Filings Made Easy -- Transmittal Information and General Filing Requirements for Property and Casualty Form, Rate and Rule, Underwriting Guideline, an…

(a) Filing transmittal. In addition to the information required by Division 4 of this subchapter (relating to Filings Made Easy--Transmittal Information and General Filing Requirements for Property and Casualty Form, Rate and Rule, Underwriting Guideline, and Credit Scoring Model…

(a) This division specifies the filing requirements for certificates of property and casualty insurance submitted under Insurance Code Chapter 1811. It also consolidates and explains the restrictions that apply to the content of certificates of insurance. (b) Nothing in this divi…

(a) Words and terms not defined in this division have the same meaning as in Insurance Code Chapter 1811. (b) Unless the context indicates otherwise, this division uses the following definitions: (1) Certificate holder--A person, other than a policyholder, who is designated on a …

(a) Approval required. A certificate of insurance issued on property or casualty operations or a risk located in Texas, regardless of where the certificate holder, policyholder, insurer, or agent is located, must be on a form that has been filed and approved before use. (b) Filin…

(a) Required information. The filing transmittal information must be typed and must contain, at a minimum, the following: (1) company name; (2) NAIC number if the filing is submitted by an insurer; (3) FEIN if the filing is submitted by an entity other than an insurer or agent; a…

(a) A filing is incomplete if the filing does not comply with all of the filing requirements described in this division. (b) TDI will inform a filer with a letter or electronic notification indicating the reasons why a filing is incomplete. (c) The 60-day period in Insurance Code…

(a) A standard certificate of insurance form promulgated by the Association for Cooperative Operations Research and Development (ACORD), the American Association of Insurance Services (AAIS), or the Insurance Services Office (ISO) is deemed approved on the date the form is filed …

(a) Required language. A certificate of insurance must contain the phrase "for information purposes only" or similar language, or state that: (1) the certificate of insurance does not confer any rights or obligations other than the rights and obligations conveyed by the policy re…

(a) Purpose and Scope of this Section. Adopted pursuant to Texas Civil Statutes, Article 6252-33, which governs State Agency Advisory Committees, the purpose of this section is to specify the purpose, task, reporting requirements, membership composition, and duration of the Resid…

(a) The purpose of the Residential Property Insurance Market Assistance Program is to provide a fair, efficient, and economical voluntary mechanism to assist Texas consumers in obtaining residential property insurance in all underserved areas of the state, including rural areas, …

The Residential Property Insurance Market Assistance Program is a program of the Texas Department of Insurance established and operated pursuant to Article 21.49-12 of the Insurance Code (Acts 1995, 74th Legislature, ch.415, §5, p. 3008, effective August 28, 1995) and this plan o…

The following words and terms when used in this plan of operation, which is contained in §§ 5.9401 - 5.9415 of this title (relating to the Residential Property Insurance Market Assistance Program Plan of Operation), shall have the following meanings unless the context clearly ind…

(a) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise. (1) Class 1 designated underserved area--An area determined and designated by rule as an underserved area by the Commissioner…

(a) Pursuant to Article 21.49-12 §2(b)(2) of the Insurance Code, each insurer has the right to individually evaluate the risk and apply the rates that are in accordance with the provisions of the Insurance Code that are applicable to that insurer. (b) Pursuant to Article 21.49-12…

(a) Eligibility requirements. The following requirements must be met to be eligible to apply for a referral through the MAP: (1) the residential risk must be located in a designated underserved area; (2) the property must be insurable as provided in subsection (b) of this section…

(a) Eligibility. An insurer as defined in §5.9403 of this plan of operation (also § 5.9403 of this title (relating to Definitions)) is eligible to participate in the MAP. (b) Voluntary participation. (1) An insurer who wishes to participate in the MAP shall notify the Department …

(a) Qualifications. (1) An individual is eligible to perform the functions of an originating agent for a MAP applicant if the individual, at the time the application to the MAP is completed, is duly licensed by the Department as a local recording agent or is a salaried representa…

(a) Application process. (1) Applications will be accepted from a duly licensed local recording agent or from a salaried representative for an insurer whose plan of operation does not contemplate the use of local recording agents. (2) Agents submitting applications to the MAP sha…

(a) Membership. (1) Composition. (A) The Executive Committee shall be composed of 11 members: (i) five members who represent the interests of insurers, (ii) four public members, and (iii) two members who are licensed local recording agents. (B) The Commissioner or the Commissione…

(a) Purpose of this section. The purpose of this section is to specify: (1) the criteria and procedures for implementation of mandatory participation by insurers on the Commissioner's own motion without the need for a recommendation by the Executive Committee pursuant to Article …

(a) Pursuant to Article 21.49-12 §2(a) of the Insurance Code, the Executive Committee on its own motion may submit, at any time, proposed suitable amendments to this plan of operation to the Commissioner. Such amendments must be approved by a majority of the members of the Execut…

Pursuant to Article 21.49-12 §7 of the Insurance Code, the MAP, its executive committee members, participating insurers and agents are not personally liable for any act performed in good faith within the scope of the person's authority as determined under Article 21.49-12 or for …