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COMMISSIONER'S BULLETIN # B-0062-08

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, INCLUDING WORKERS' COMPENSATION CARRIERS, AND TO AGENTS AND REPRESENTATIVES AND PREMIUM FINANCE COMPANIES, AND THE PUBLIC GENERALLY


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

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.

With the possible relocation of hurricane victims and other personal hardships sustained by residents of Angelina, Austin, Brazoria, Brazos, Chambers, Cherokee, Fort Bend, Galveston, Gregg, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Rusk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, Washington, and Wharton 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 Ike. Further, it is not reasonable to change policyholders' rating classifications or increase their insurance rates solely because they are victims or evacuees of Hurricane Ike.

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



Last updated: 09/07/2014

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