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You are here: Home . bulletins . 2008 . cc41
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COMMISSIONER'S BULLETIN # B-0043-08

July 24, 2008


To: ALL INSURANCE COMPANIES, CORPORATIONS, EXCHANGES, MUTUALS, RECIPROCALS, ASSOCIATIONS, LLOYDS, OR OTHER INSURERS WRITING PROPERTY AND CASUALTY INSURANCE IN THE STATE OF TEXAS, INCLUDING WORKERS' COMPENSATION CARRIERS, AND TO AGENTS AND REPRESENTATIVES AND PREMIUM FINANCE COMPANIES, AND THE PUBLIC GENERALLY


Re: Hurricane Dolly - State of Emergency - An Extraordinary Event Rating or Underwriting Actions for Property and Casualty Coverages of Disaster Victims or Evacuees

On July 22, 2008, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of Tropical Storm Dolly, certifying that Tropical Storm Dolly poses a threat of imminent disaster to Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Victoria and Willacy counties, beginning July 22, 2008 , and directing that all necessary measures both public and private as authorized under §418.017 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in §418.016 of the Texas Government Code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the incident.

Tropical Storm Dolly made landfall as a Category 2 hurricane. With the possible relocation of hurricane victims and other personal hardships sustained by residents of Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Victoria and Willacy counties, regardless of where those residents have temporarily relocated, it is the opinion of the Texas Department of Insurance that it is inappropriate for insurers to re-rate, cancel, nonrenew, or refuse to provide coverage due solely to an individual's status as a victim or evacuee of Hurricane Dolly. Further, it is not reasonable to change policyholders' rating classifications or increase their insurance rates solely because they are a victim or evacuee of Hurricane Dolly .

A carrier extending coverage in compliance with this bulletin has the right to earn premium on that extended coverage in accord with statutory requirements of reasonableness.

Insurance Code Article 1.02(b) and Chapter 2251 require that rates used under the code be just, fair, and reasonable.

Questions regarding this bulletin may be directed to the Property and Casualty Program at (512) 322-3587.

Mike Geeslin

Commissioner of Insurance



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Last updated: 09/28/2015

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