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COMMISSIONER'S BULLETIN # B-0054-08

September 02, 2008


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


Re: Weather-related Events Considered a Catastrophe for the Purpose of Claims Processing as Provided for Under Section 542.059 of the Insurance Code

From the Commissioner of Insurance

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.

On July 23, 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 Starr County, Texas 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. Governor Perry issued this disaster proclamation as an amendment to his July 22, 2008 disaster proclamation, which applied to Aransas, Bexar, Brooks, Calhoun, Cameron, Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Victoria and Willacy counties.

On August 4, 2008, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of Tropical Storm Edouard, certifying that Tropical Storm Edouard poses a threat of imminent disaster to Bexar, Brazoria, Brazos, Calhoun, Chambers, Fort Bend, Galveston, Grimes, Harris, Jackson, Jefferson, Liberty, Matagorda, Montgomery, Orange, Walker and Wharton counties beginning August 3, 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.

On August 20, 2008, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of severe storms and flooding that occurred August 18, 2008, and continuing have caused a disaster in Starr and Wichita 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.

In accordance with the Insurance Code, Section 542.059, and 28 TAC 5.9303, the Commissioner has determined that the weather-related events outlined in each proclamation occurring in the counties listed in the proclamations are a catastrophe for the purpose of claims processing subject to the following conditions. Upon receiving notice of a claim that resulted directly from one of these events, the insurer must:

1) establish quick contact with the claimant;

2) quickly survey and assess the claimant's damage;

3) provide quick responses to claimants;

4) promptly provide payment for additional living expenses (ALE) and for temporary repairs after the assessment of the insured's damage, and

5) quickly set appointments with the claimant for examination and resolution of claims.

The processing of claims resulting directly from the weather-related events listed in each proclamation shall be subject to the conditions outlined above and the additional time periods allowed by Section 542.059, Texas Insurance Code.

Mike Geeslin
Commissioner of Insurance



Last updated: 09/07/2014

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