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Texas Department of Insurance
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Commissioner’s Bulletin # B-0043-05

September 9, 2005


To:   ALL INSURANCE COMPANIES, CORPORATIONS, EXCHANGES, MUTUALS, RECIPROCALS, ASSOCIATIONS, LLOYDS, OR OTHER INSURERS WRITING PROPERTY AND CASUALTY INSURANCE IN THE STATE OF TEXAS AND TO THEIR AGENTS AND REPRESENTATIVES AND THE PUBLIC GENERALLY

Re:   Insurance Code, Subchapter C, Chapter 542. Providing Certain Claims Information on Request (Formerly Article 21.59)


The purpose of this bulletin is to remind insurers of their statutory responsibility to provide a policyholder with a list of claims charged against a policy including payments made on each claim.

§542.102 provides that on written request of a policyholder, an insurer that writes property and casualty insurance in this state shall provide the policyholder with a list of claims charged against the policy and payments made on each claim. This section does not apply to a workers' compensation policy subject to Article 5.65A.

§542.103 further provides that an insurer shall provide the information requested in writing not later than the 30th day after the date the insurer receives the request for the information.

Failure to comply with the requirements of §§542.102 and 542.103 will be considered a violation of the Texas Insurance Code and will be referred to the Department's Legal and Compliance Division for appropriate actions available pursuant to Chapters 82 and 84, and other relevant provisions of the Insurance Code. Such actions may include fines up to $25,000 per violation and suspension or revocation of license.

Insurers that charge a separate fee must make the appropriate filing prior to charging the fee and must properly account for any associated fee and expenses in their filings. Additionally, appropriate disclosures regarding any charge for providing information requested pursuant to Subchapter C, Chapter 542 must be made at the time of request.

Questions regarding this bulletin may be directed to Grover Corum, Manager, Personal Lines Division at 512-322-3430 or grover.corum@tdi.state.tx.us.

Marilyn Hamilton, Associate Commissioner
Property & Casualty Program MC 104-PC



For more information, contact: ChiefClerk@tdi.texas.gov

Last updated: 1/30/2018