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COMMISSIONER'S BULLETIN # B-0066-08

September 24, 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 Event Hurricane Ike 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 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.

In accordance with the Insurance Code, Section 542.059, and 28 TAC 5.9303, the Commissioner has determined that the weather-related event Hurricane Ike is a catastrophe for the purpose of claims processing subject to the following conditions. Upon receiving notice of a claim that resulted directly from this event, 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 event Hurricane Ike 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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