Property/Casualty Filings Made Easy Guide - Part 2 of 9
+ Indicates new information since last update +
+ November 2011 Edition, Continued Part 2 of 9 +
List of Articles Recodified in the 78th, 79th, and 80th Legislative Sessions
FILING TRANSMITTAL - Transmittal Introduction
A filing transmittal form is required to be completed and submitted with all filings. Each insurer is responsible for reproducing and accurately completing the transmittal form.
This Guide provides two transmittal form options:
-
Option #1: - File the Texas Property & Casualty Filing Transmittal Form (Link to Adobe Reader), Pages FT-4 and FT-5. (Refer to Pages FT-2 and FT-3 for instructions).
- Option #2: - File the NAIC Property & Casualty Transmittal Document (NAIC P&C Transmittal Form instructions) (Link to Adobe Reader) along with the Texas Addendum, (Link to Adobe Reader) Page FT-8. (Refer to Pages FT-6 and FT-7 for instructions).
Note: Only one type of transmittal form (Option #1 or Option #2) is required to be filed.
Exception: Companies filing electronically via SERFF are not required to file transmittal forms. The information requested in the transmittal forms has been built into SERFF and must appear in either the State Specific Fields or in Filings at a Glance. Refer to SERFF general instructions for details regarding the items that must be completed.
Note: Credit Scoring Model filings and Underwriting Guideline filings must be made separate from form/endorsement/rate/rule filings. See Section IV - Credit Scoring Models and Section V - Underwriting Guidelines of this guide for further instructions.
INSTRUCTIONS FOR TEXAS DEPARTMENT OF INSURANCE PROPERTY AND CASUALTY FILING TRANSMITTAL FORM
Item 1. - Show name of company and NAIC number when a filing is being made for a single company. If making a filing for multiple companies within a group, show all company names and NAIC numbers to which this filing applies. Attach additional sheets if necessary. Check box if additional sheets are used. (Note: Group filings - see special instructions on pages FORMS-2 and RATES-2.) For advisory organization, the TDI license number should be inserted where form asks for NAIC No.
Item 2. - Show name of company group and group NAIC number regardless of whether the filing is for a single company or for multiple companies.
Item 3. - Show the company filing number. This number is important to assist TDI staff in providing status information on a particular filing.
Item 4. - If the filing revises or replaces a previous filing, check "Revision/Replacement" and provide the TDI file number or link number that is being revised/replaced. A revision/replacement includes endorsements/forms, rules and rates, to be used with a previously approved/accepted filing. If the filing is not a revision/replacement, then check "New Filing". If reference filing, refer to Item 8.
Item 5. - See related lines of insurance for specific requirements.
Item 6. - Show only one of the following lines of insurance (see EXCEPTIONS below):-
Automobile - Commercial
Automobile - Personal
Boiler and Machinery
Commercial Casualty (Specify)
Credit
Credit/Involuntary Unemployment
Crime
Crop Hail
Excess Liability
Excess Umbrella
Farm Liability
Farm and Ranch
Farm and Ranch Owners
Fidelity Bonds
Financial Guaranty Bonds or Insurance
Guaranteed Auto Protection (GAP) - (Commercial)
Guaranteed Auto Protection (GAP) - (Personal)
General Liability
Glass
Identity Theft
Inland Marine - Commercial
Inland Marine - Personal
Involuntary Unemployment
Mortgage Guaranty
Mortgage Guaranty Pool
Multi-Peril
Other (Specify)
Personal Casualty (Specify)
Personal Liability
Professional Liability
Property - Commercial
Property - Residential (Dwelling)
Property - Residential (Homeowners)
Rain
Surety Bonds (Other Than Criminal Court Appearance Bonds)
Umbrella - Commercial
Umbrella - Personal
Workers' Compensation
EXCEPTIONS:
-
DUAL FILING: Insurers may submit a monoline filing for a line of insurance that may also be used with the insurer's multi-peril policy without having to submit a separate multi-peril filing. Refer to Item 6.a. as well as pages FORMS-1 and RATES-2.
- INTERLINE FILING: Insurers may submit an interline endorsement or endorsement rule that may be used with more than one line of insurance provided the endorsement does not have an impact on rates or possible rate impact, or a rate filing that may be used with more than one line of insurance that contains only information concerning policy fees, service fees, and other fees that are charged or collected by the insurer under Insurance Code §§4005.001 - 4005.003 or §550.001. Refer to Item 6.b. as well as pages FORMS-1 and RATES-2. If interline filing includes Personal Automobile or Residential Property, filings must include the Flesch Score. See Forms-11 and Forms-57.
Item 6.a. - Check the box if the filing is being submitted as a dual filing, indicating the filing may also be used as part of a multi-peril policy. Provide the TDI file number(s) or link number(s) of the previously approved monoline and multi-peril policy.
Item 6.b. - Check the box if filing is being submitted as an Interline Filing. List applicable lines of insurance.
Item 7. - Show the name, phone number (toll-free number, if available), fax number, address, and E-mail address of the person able to provide additional information regarding the filing.
Item 8. - Check the applicable box(es) describing the type or types of filings submitted with the transmittal form. For reference filings, provide the name of the company/advisory organization and the TDI file number or link number being referenced or a TDI reference number. TDI does not require the advisory organization designation number(s) or circular number(s).
NOTE: If the Credit Scoring Model or the Underwriting Guidelines box is checked, no other box should be checked. Both Credit Scoring Model filings and Underwriting Guideline filings must be made separate from other filing types such as rate, form, endorsement, or rule filings.
Item 9. - Provide requested information, if applicable.
Item 10. - Indicate whether or not you waive the deemer application by checking "yes" or "no".
Filing Transmittal - Interactive PDF Filing Transmittal Form
(Link to Adobe Reader)
INSTRUCTIONS FOR TEXAS ADDENDUM TO NAIC PROPERTY & CASUALTY TRANSMITTAL
Attach completed NAIC Property & Casualty Transmittal Form Document (NAIC P&C Transmittal Form instructions) (Link to Adobe Reader) and Filing Schedule (if applicable) or Rate/Rule Filing Schedule (if applicable) along with typed Texas Addendum (Link to Adobe Reader) NAIC Property & Casualty Transmittal.
Item 1. - Show Company Tracking Number which is the filing number assigned by the insurance company, if any. This ties all of the pages of the transmittal to the same filing.
Item 2. - If the filing revises or replaces a previous filing, check "Revision/Replacement" and provide the TDI file number or link number that is being revised/replaced. A revision/replacement includes endorsements/forms, rules, and rates to be used with a previously approved/accepted filing. If the filing is not a revision/replacement, then check "New Filing". If reference filing, refer to Item 5.
Item 3.a. - DUAL FILING: Insurers may submit a monoline filing for a line of insurance that may also be used with the insurer's multi-peril policy without having to submit a separate multi-peril filing. Refer to pages FORMS-1 and RATES-2.
Check the box if the filing is being submitted as a dual filing, indicating the filing may also be used as part of a multi-peril policy. Provide the TDI file number(s) or link number(s) of the previously approved monoline and multi-peril policy.
Item 3.b. - INTERLINE FILING: Insurers may submit an interline endorsement or endorsement rule that may be used with more than one line of insurance provided the endorsement does not have an impact on rates or possible rate impact, or a rate filing that may be used with more than one line of insurance that contains only information concerning policy fees, service fees, and other fees that are charged or collected by the insurer under Insurance Code §§4005.001 - 4005.003 or §550.001. Refer to pages FORMS-1 and RATES-2. If interline filing includes Personal Automobile or Residential Property, filings must include the Flesch Score. See Forms-11 and Forms-57.
Check the box if filing is being submitted as an Interline Filing. List applicable lines of insurance.
Item 4. - Check the applicable box(es) describing the type or types of filings submitted.
NOTE: If the Credit Scoring Model or the Underwriting Guidelines box is checked, no other box should be checked. Both Credit Scoring Model filings and Underwriting Guideline filings must be made separate from other filing types such as rate, form, endorsement, or rule filings.
Item 5. - If Item 15, Reference Filing, on NAIC Property & Casualty Transmittal is "Yes", provide the name of the company/advisory organization and the TDI file number or link number being referenced or a TDI reference number. TDI does not require the advisory organization designation number(s) or circular number(s).
Item 6. - Indicate whether or not you waive the deem date by checking "Yes" or "No".
Item 7. - Indicate whether or not you agree to allow us to release your e-mail address in response to a public information request.
Texas Addendum to NAIC Property & Casualty Transmittal - Interactive PDF Texas Addendum Transmittal Form
(Link to Adobe Reader)
SECTION I - FORM AND MANUAL RULE FILINGS
The following is general information regarding all form and manual rule filings. However, individual lines may require additional information. See related sections for specific requirements.
General Filing Requirements
The following items are required for all form and manual rule filings:
- Typed transmittal form*. (Link to Adobe Reader)
- Required number of copies - refer to related sections.
- Explanatory Memorandum.
NOTE: Each filing must relate to only one line of insurance, with the following exceptions:
- multi-peril filings,
- dual filings,
- interline filings.
* Companies filing electronically via SERFF are not required to file transmittal forms. The information requested in the transmittal forms has been built into SERFF and must appear in either the State Specific Fields or in Filings at a Glance. Refer to SERFF general instructions for details regarding the items that must be completed.
Multi-Peril Filings: Multi-peril is considered a separate line of insurance; therefore, an insurer is required to make a multi-peril filing even if the same forms have been previously approved on a monoline basis. This may be accomplished by making a reference filing or dual filing.
Dual Filings: Insurers may submit a monoline filing for a line of insurance that may also be used with the insurer's multi-peril policy without having to submit a separate multi-peril filing. Refer to Item 6.a. on page FT-4 or Item 3.a. on page FT-8. In addition to complying with all statutory and regulatory requirements for each individual line of insurance, the filing must also comply with statutory and regulatory requirements for multi-peril policies.
Interline Filings: For the purpose of this guide, an interline endorsement is an endorsement or endorsement rule that may be filed for use with more than one line of insurance. For an interline endorsement or endorsement rule, only one filing is required for all applicable lines of insurance. Refer to Item 6.b. on page FT-4 or Item 3.b. on FT-8. If interline filing includes Personal Automobile or Residential Property, filings must include the Flesch Score. See Forms-11 and Forms-57.
Endorsements that have any rate impact or possible rate impact may not be filed as an interline endorsement and must be filed separately for each line of insurance.
All other filing requirements apply to these filings.
An example of an acceptable interline endorsement is a statutory amendatory endorsement that applies to more than one line of insurance.
Underwriting Guidelines - Underwriting guidelines for Personal Automobile and Residential Property Insurance are subject to §38.002, Texas Insurance Code, and are required to be filed. Underwriting Guidelines for Workers' Compensation Insurance are subject to §2053.034, Texas Insurance Code, and are required to be filed. Underwriting Guidelines for Other Lines subject to §38.003, Texas Insurance Code, are not required to be filed, unless specifically requested by TDI or the Office of Public Insurance Counsel (OPIC). Refer to Section V - Underwriting Guidelines for general information.
Group Filings: - A "group filing" is multiple companies within a group filing the same forms and manual rules or referencing the same approved forms and manual rules. When submitting form filings for multiple companies within a group, all applicable companies and their NAIC numbers must be listed on the transmittal. Only an original and two copies of the transmittal form and other required attachments should be submitted.
Reference Filings - A filing may be made referencing approved and accepted policy form(s), endorsement(s), or manual rule(s) of another company/advisory organization or referencing other acceptable filings to which TDI has assigned a reference number. In addition to the transmittal form, a reference filing must include the name of the insurance company or advisory organization whose filing is being referenced and TDI file number, link number or reference number of the filing being referenced.
Note:
- Do not include a copy of the referenced policy form(s), endorsement(s), or manual rule(s) or advisory organization circular.
- TDI does not require the advisory organization designation number or circular number be included.
- All reference filings shall relate to only one line of insurance except for dual filings, interline filings, and multi-peril filings.
- Any deviation from or subsequent amendment to referenced policy forms and endorsements are subject to the standard filing requirements contained in this guide.
Advisory Organization Reference Filing List
P&C Reference Filing List
Incomplete Filing - A filing will be considered incomplete if the filing does not comply with all filing requirements. A filing that is determined to be incomplete by the department will be returned to the filer with a letter or electronic notification indicating the reason(s) for the filing being returned. The deemer period does not commence until a complete filing is received by the department.
Dividend Filings - Dividend Disbursement Applications should be submitted directly to:
Texas Department of Insurance
Financial/General Management
Mail Code 305-2A
P.O. Box 149104
Austin, Texas 78714-9104
Property/Casualty Filing Transmittal Form is not applicable to dividend filings. Contact the Financial Division (512) 322-5030 for questions relative to the completion or filing of the Dividend Disbursement Applications.
Continue with Section 1 - Form & Rule Filings - Commercial Automobile