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You are here: Home . bulletins . 2017 . b-0026-17

COMMISSIONER'S BULLETIN # B-0026-17

September 14, 2017


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


Re: Hurricane Harvey – Policy Nonrenewal

Governor Greg Abbott issued a proclamation declaring a disaster due to the effects of Hurricane Harvey. The proclamation directs that all necessary measures, both public and private, as authorized under §418.017 of the Texas Government Code, be implemented to meet that threat.

President Donald Trump issued a major disaster declaration and ordered federal aid to supplement state and local recovery efforts in the area affected by Hurricane Harvey.

TDI reminds insurers of their obligations under Insurance Code Chapter 551:

  • Under Insurance Code 551.107 when nonrenewing a standard fire, homeowners, or farm or ranch owners policy due to a policyholder filing three or more claims under a policy in any three-year period, insurers may not consider:

 

  • losses caused by natural causes;
  • claims filed but not paid or payable; or
  • claims history for water damage under Insurance Code §544.353.

 

  • Insurers may not consider a customer inquiry as a basis for nonrenewal under Insurance Code §551.113.

 

  • All insurers should remember to comply with the requirements of Insurance Code Chapter 551 as applicable to the lines of coverage they write.

 

In addition, insurers should remember that practices related to nonrenewal are subject to restrictions against unfair discrimination under Insurance Code Chapter 544, Subchapters A and B.

Insurers that do not comply with statutory requirements are subject to enforcement action.

Questions regarding this bulletin should be directed to the Property and Casualty Lines Office by calling (512) 676-6710, or by email at CommercialPC@tdi.texas.gov.



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Last updated: 09/14/2017

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