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You are here: Home . bulletins . 2005 . b-0046-05
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COMMISSIONER'S BULLETIN # B-0046-05

September 14, 2005


To: All persons and entities who engage in the business of insurance in the state of Texas


Re: Duty to Report Fraudulent Insurance Acts

Important and significant changes regarding the duty to report fraudulent insurance acts in the state of Texas have been made by the 79 th Legislature, Regular Session, through House Bill 2388. The Texas Insurance Code, Chapter 701.051 (Former Article 1.10D, Sec. 4) has been amended effective September 1, 2005 . The new statute requires a person or entity who makes a determination or reasonably suspects that a fraudulent insurance act has been committed or is about to be committed to make a report to the Texas Department of Insurance Fraud Unit no later than the 30 th day after making such determination.

A person or entity who is a member of an organization primarily dedicated to the detection, investigation, and prosecution of insurance fraud may authorize the organization to file reports with the TDI Fraud Unit on their behalf. The reporting organization must meet the requirements set out in Texas Insurance Code §701.051(c) as amended. The person or entity retains any liability resulting from the failure of the organization to properly report fraud as required by the new statutory provisions.

Reports of fraud should be made in writing and may be transmitted to the Fraud Unit via the agency?s online fraud reporting system, by mail, through the National Association of Insurance Commissioners? (NAIC) online portal, or through an authorized organization pursuant to §701.051(c).

To submit a report of fraud online directly to the TDI Fraud Unit or to download a Fraud Report Form, please visit www.tdi.state.tx.us/fraud/index.html .

Should you have any questions regarding the reporting of insurance fraud, please contact Harry Harris at harry.harris@tdi.state.tx.us or at (512) 463-6492.



Last updated: 09/07/2014

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