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COMMISSIONER'S BULLETIN # B-0060-08

September 14, 2008


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 AGENTS AND REPRESENTATIVES AND THE PUBLIC GENERALLY


Re: Hurricane Ike - An Extraordinary Event Change in Classification of Commercial Auto Vehicles from Local to Intermediate or Long Haul, Cancellation or Non-renewal of Policies, or Refusal to Provide Coverage Due Solely to Participation in the Relief Effort

On September 8, 2008, Governor Rick Perry issued a proclamation declaring that Hurricane Ike poses a threat of imminent disaster along the Texas Coast and in numerous counties including Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Wharton counties beginning September 7, 2008 and continuing, 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 disaster. On September 12, 2008, Governor Rick Perry issued an amendment to his September 7, 2008 proclamation, declaring that additional counties including Grimes, Houston, Madison, Rusk, and Washington counties are under imminent threat of disaster as a result of Hurricane Ike.

On September 13, 2008, President George Bush issued a major disaster declaration for the state of Texas and ordered federal aid to supplement state, local and tribal recovery efforts in the area struck by Hurricane Ike beginning on September 7, 2008, and continuing. The President's action makes federal funding available to affected individuals in the counties of Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington.

This bulletin is issued as guidance for those insurers contemplating changes in classification or rating, cancellation or non-renewal of policies, or refusal to provide coverage due solely to participation in the relief effort.The Texas Department of Insurance (TDI) is of the opinion that in instances where insureds or potential insureds are temporary participants in the relief effort of Hurricane Ike , it is inappropriate for insurers to re-rate, cancel, non-renew, or refuse to provide coverage due solely to that participation.Questions regarding this bulletin may be directed to P&C Actuarial Division, at (512) 475-3017.

Mike Geeslin

Commissioner of Insurance



Last updated: 09/07/2014

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