Actuarial Corner - Statute & Rule Listing
The following is a listing of the statutes, rules and other online resources that are most often referenced by the P&C Actuarial Staff. It is not, nor is intended to be a listing of every statute and rule that may apply to property and casualty rate issues.
General Rate Regulation
- Chapter 544 Subchapters A&B – Prohibited discrimination
- Chapter 550 – Prohibited practices relating to payments
- Chapter 560 – Prohibited rates
- Chapter 1806 – Prohibited practices and rebates related to policies
- Chapter 2251 – Rates
- §2251.002(1) – Disallowed expenses (see also 110% report)
- Chapter 2254 – Premium refund for certain personal lines
- Chapter 4005 Subchapter A – Authorized conduct
- §4005.054 – Receiving additional fee prohibited
- 28 TAC §5.9310-5.9361 – Filings Made Easy rules
Filings Made Easy – Guide and forms listing or use the online version with hotlinks to regulatory references. You can also go straight to the online rate section.
Automobile
- §1953.051 – Certain rating plans prohibited
- §1953.052 – Premium surcharge required
- Chapter 2151 – Texas automobile insurance plan association
- Chapter 2153 – Group marketing of automobile insurance for persons over 55 years of age
- Chapter 2251 Subchapter E – Standard rate index for personal automobile insurance
- 28 TAC §5.401 – Temporary and permanent requirements regarding underwriting treatment of and disclosure to applicants for private passenger automobile liability insurance
- 28 TAC §21.1005 - Prohibition of Underwriting Guidelines Based on the Purchase of Types or Amounts of Coverage in Excess of Minimum Limits Liability Coverage
Commercial multi-peril policies
- 28 TAC §5.5005 - Rates for Commercial Multi-peril Policies
Credit Scoring
- Chapter 559 – Credit scoring and credit information
- 28 TAC §5.9350-5.9352 – Filings Made Easy – Credit scoring models filing requirements for personal insurance
- 28 TAC §5.9941 – Use of credit information or credit scores
- FME Guide – find general information or sample exhibits
- Credit Scoring & Insurance Resource Page
Debt Cancellation Agreements/GAP/GAP Waiver
- 83 TAC §83.812 – Gap waiver agreement
- Texas Finance Code §348.124 – Debt cancellation agreements
- OCCC Advisory
- TDI: Regulatory position regarding debt cancellation/suspension agreements
Inland Marine
- 28 TAC §5.5002 - Texas Definition of Inland Marine Insurance
Medical Malpractice
- Chapter 1901 – Professional Liability Insurance for Physicians and Health Care Providers
Mortgage Guaranty
- Chapter 3502 – Mortgage Guaranty Insurance
Residential Property
- Chapter 544 Subchapter H – Water damage claims
- §551.107 – Renewal of certain policies; premium surcharge authorized; notice
- Chapter 2006, Subchapter B – Optional premium discount for certain residential property insurance policies
- Chapter 2007 – Assessment for rural fire protection
- Chapter 2210 – Texas Windstorm Insurance Association
- Chapter 2211 – FAIR Plan
- Chapter 2251 Subchapter F – Exemptions for certain insurers from rate filing and approval requirements
- 28 TAC §5.3702 – Designation of underserved areas for residential property insurance for purposes of the insurance code Article 5.13-2C (now Chapter 2251 Subchapter F)
- 28 TAC §21.1004 – Restrictions on Certain Claims in Residential Property Insurance and Transition Plan Requirement
- 28 TAC §21.1006 – Prohibition Against Declining To Write Residential Property Insurance Based on the Age or Value of the Property
- 28 TAC §21.1007 – Restrictions on the Use of Underwriting Guidelines Based On a Water Damage Claim(s), Previous Mold Damage or a Mold Damage Claim(s)
Territory
- Chapter 2253 – Rating territories
- 28 TAC §5.9960 – Exception to rating territory requirements under Insurance Code Article 5.171
- FME Guide – find information and sample exhibits here
Title
- Chapter 2703 – Policy forms and premium rates
- Title Resource Page
Underwriting Guidelines
- §38.002 – Underwriting guidelines for personal automobile and residential property insurance; filing; confidentiality
- §38.003 – Underwriting guidelines for other lines; confidentiality
- Chapter 2053 Subchapter A-1 – Underwriting guidelines
- 28 TAC §5.9340-5.9342 – Filings Made Easy-- Underwriting guideline filing requirements for personal automobile, residential property, and workers’ compensation insurance
- FME Guide – find useful information here
Worker’s Compensation
- Chapter 2053 – Rates for workers’ compensation insurance
- Labor Code Chapter 407A – Group self-insurance coverage
Other Related Topics
- Chapter 462 – Texas property and casualty insurance guaranty association
- Chapter 912 – County mutual insurance companies
- Chapter 941 – Lloyd’s plan
- Chapter 942 – Reciprocal and interinsurance exchanges
- 28 TAC §3.834 – Volunteer Fire Department Assistance Fund Assessment
For more information contact:
Last updated: 10/22/2012
