Texas Department of Insurance

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Property/Casualty Filings Made Easy Guide - Part 3 of 9

+ Indicates new information since last update +    

+ November 2011 Edition, Continued Part 3 of 9 +

List of Articles Recodified in the 78th, 79th, and 80th Legislative Sessions

 

Automobile - Commercial
Statutory and Regulatory Requirements

Statutory or Regulatory Reference
Chapter 2301 and Chapter 2251
28 TAC §5.9320


COMMERCIAL AUTOMOBILE | Type of Filing - Type of Law
  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use


ARTICLE/SECTION - REQUIREMENTS

Note: For "large risks" refer to §2301.004.

Return to Table of Contents

Automobile - Commercial Overview of Filing Requirements   

  • TYPE OF FILING || Commercial Automobile - Policy Forms and Endorsements
  • OVERVIEW || Prior Approval

    Filing must be submitted to the Texas Department of Insurance at least 60 days before the effective date of filing.

    Filing is deemed approved if not disapproved within 60 days.

    Commissioner may extend the period to approve or disapprove the filing an additional 10 days by giving filer notice.

    Forms are available for use on the date approved by the Texas Department of Insurance. The commissioner's approval of a filed form constitutes a waiver of any unexpired portion of the 60-day period.

  • FILING REQUIREMENTS || An original & 2 copies of the following:
    • Property/Casualty Filing Transmittal Form (Link to Adobe Reader)
    • Filing (Policy Forms and/or Endorsements)
    • Statutory and Regulatory Requirements
    • Explanatory Memorandum
    • New Forms and Endorsements only*
      • Coverage Comparison
      • Summary of Policy Provisions
    • Amended/Revised Forms and Endorsements only
      • Coverage Evaluation
------------------------------
  • TYPE OF FILING || Commercial Automobile - Manual Rules
  • OVERVIEW || File and Use

    Rules are available for use on the date received by the Texas Department of Insurance.

  • FILING REQUIREMENTS || An original & 2 copies of the following:

* If the Explanatory Memorandum does not fully explain or describe the filed policy form(s) or
endorsement(s), the department may request either a Coverage Comparison or Summary of Policy Provisions.

Return to Table of Contents

Automobile - Commercial Explanation of Filing Requirements   

  • TYPE OF FILING || Commercial Automobile
  • REQUIREMENT || EXPLANATION

    • Coverage Comparison - A coverage comparison to a similar policy form or endorsement that has been previously approved or adopted by the commissioner shall include a detailed explanation of all the differences including any restrictions in coverage, enhancements in coverage, or clarifications to the previously approved policy form(s) or endorsement(s).

    • Coverage Evaluation - A coverage evaluation shall include a detailed explanation of the proposed changes including any restrictions in coverage, enhancements in coverage, or clarifications to the previously approved or adopted policy form(s) or endorsement(s). These additional requirements may be provided in the Explanatory Memorandum or by providing:

      1. a side-by-side comparison showing any differences between the previously approved or adopted policy form(s) or endorsement(s) and the proposed policy form(s) or endorsement(s); or

      2. a copy of the previously approved or adopted policy form(s) or endorsement(s) indicating the differences between the approved or adopted policy form(s) or endorsement(s) and the filed policy form(s) or endorsement(s) with the new language underlined and the deleted language in brackets with a strikethrough, or other clearly identified or highlighted editorial notations referencing the new and replaced language.

    • Explanatory Memorandum - An explanatory memorandum shall include a detailed explanation of the reason(s) for filing the new or revised policy form(s), endorsement(s) and/or manual rule(s), a description of the policy form(s) or endorsement(s), and the application (e.g., the type of risk or risks the form(s) or endorsement(s) will be used with).

    • Statutory and Regulatory Requirements - Filings for new and amended policy form(s) and/or endorsement(s) shall include all provisions required by statute, administrative rule, or Commissioner's Order for a specific line of insurance. Such requirements may be included in the actual policy form(s), may be added by Texas amendatory endorsement or filing may reference an approved amendatory endorsement that is applicable to the policy form(s) contained in the filing.

    • Summary of Policy Provisions - A summary of all policy provisions shall include a detailed description and explanation of the coverages, limitations, exclusions and conditions.

Return to Table of Contents

 

Automobile - Personal
Statutory and Regulatory Requirements   

Statutory or Regulatory Reference
Chapter 2301 and Chapter 2251
28 TAC §5.9320


PERSONAL AUTOMOBILE | Type of Filing - Type of Law
  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use


ARTICLE/SECTION - REQUIREMENTS

Note: For "large risks" refer to §2301.004.

Return to Table of Contents

 

Automobile - Personal Overview of Filing Requirements   

  • TYPE OF FILING || Personal Automobile - Policy Forms and Endorsements
  • OVERVIEW || Prior Approval

    Filing must be submitted to the Texas Department of Insurance at least 60 days before the effective date of filing.

    Filing is deemed approved if not disapproved within 60 days.

    Commissioner may extend the period to approve or disapprove the filing an additional 10 days by giving filer notice.

    Forms are available for use on the date approved by the Texas Department of Insurance. The commissioner's approval of a filed form constitutes a waiver of any unexpired portion of the 60-day period.

  • FILING REQUIREMENTS || An original & 2 copies of the following:
    • Property/Casualty Filing Transmittal Form (Link to Adobe Reader)
    • Filing (Policy Forms and/or Endorsements)
    • Statutory and Regulatory Requirements
    • Explanatory Memorandum
    • New Forms and Endorsements only*
      • Coverage Comparison
      • Summary of Policy Provisions
    • Amended/Revised Forms and Endorsements only
      • Coverage Evaluation
    • Flesch Score
    ------------------------------
    • TYPE OF FILING || Personal Automobile - Manual Rules
    • OVERVIEW || File and Use

      Rules are available for use on the date received by the Texas Department of Insurance.

    • FILING REQUIREMENTS || An original & 2 copies of the following:

* If the Explanatory Memorandum does not fully explain or describe the filed policy form(s) or endorsement(s), the department may request either a Coverage Comparison or Summary of Policy Provisions.

Return to Table of Contents

 

Automobile - Personal Explanation of Filing Requirements   

  • TYPE OF FILING || Personal Automobile
  • REQUIREMENT || EXPLANATION

    • Coverage Comparison - A coverage comparison to a similar policy form or endorsement that has been previously approved or adopted by the commissioner shall include a detailed explanation of all the differences including any restrictions in coverage, enhancements in coverage, or clarifications to the previously approved policy form(s) or endorsement(s).

    • Coverage Evaluation - A coverage evaluation shall include a detailed explanation of the proposed changes including any restrictions in coverage, enhancements in coverage, or clarifications to the previously approved or adopted policy form(s) or endorsement(s). These additional requirements may be provided in the Explanatory Memorandum or by providing:

      1. a side-by-side comparison showing any differences between the previously approved or adopted policy form(s) or endorsement(s) and the proposed policy form(s) or endorsement(s); or

      2. a copy of the previously approved or adopted policy form(s) or endorsement(s) indicating the differences between the approved or adopted policy form(s) or endorsement(s) and the filed policy form(s) or endorsement(s) with the new language underlined and the deleted language in brackets with a strikethrough, or other clearly identified or highlighted editorial notations referencing the new and replaced language.

    • Explanatory Memorandum - An explanatory memorandum shall include a detailed explanation of the reason(s) for filing the new or revised policy form(s), endorsement(s) and/or manual rule(s), a description of the policy form(s) or endorsement(s), and the application (e.g., the type of risk or risks the form(s) or endorsement(s) will be used with).

    • Statutory and Regulatory Requirements - Filings for new and amended policy form(s) and/or endorsement(s) shall include all provisions required by statute, administrative rule, or Commissioner's Order for a specific line of insurance. Such requirements may be included in the actual policy form(s), may be added by Texas amendatory endorsement or filing may reference an approved amendatory endorsement that is applicable to the policy form(s) contained in the filing.

    • Summary of Policy Provisions - A summary of all policy provisions shall include a detailed description and explanation of the coverages, limitations, exclusions and conditions.

    • Flesch Scoring    - Filings must include the Flesch Score indicating the filed policy forms and endorsements meet the minimum readability standards established by the Commissioner of Insurance by order. Policy forms and endorsements that fail to meet a minimum Flesch Score of "40" cannot be approved. Each endorsement must be scored independent of the policy.

Return to Table of Contents

 

Bond, Crime, Commercial Glass, Credit & Other Casualty   
Statutory and Regulatory Requirements

Statutory or Regulatory Reference
Chapter 2301 and Chapter 2251
28 TAC §5.9320


Crime, Commercial Glass, Credit, Credit Involuntary Unemployment, Involuntary Unemployment, GAP-Single Interest (Commercial), GAP-Dual Interest (Personal), Other Casualty, Fidelity, Surety (other than Criminal Court Appearance Bonds), and Financial Guaranty Bonds or Insurance || Type of Filing - Type of Law
  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use

Note: For "large risks" refer to §2301.004.

 

TYPE OF FILING - ARTICLE/SECTION - REQUIREMENTS

  • Crime and Commercial Glass - Policy Forms and Endorsements
    • 28 TAC §1.601 - Notice of Toll-Free Telephone Numbers and Information and Complaint Procedures
    • §521.005 - Notice to Accompany Policy
    • §§521.051 - 521.056 - Department Toll-Free Number For Information and Complaints
    • §§521.101 - 521.103 - Insurer Toll-Free Number for Information and Complaints
    • 21.42 - Texas Laws Govern Policies
    • §§551.101 - 551.112 - Declination, Cancellation and Nonrenewal of Certain Property and Casualty Policies (Policies insuring governmental units, one family dwellings or duplexes)
    • §§551.151 - 551.152 - Cancellation or Nonrenewal of Certain Policies Issued to Elected Officials
    • §§542.051 - 542.061 - Prompt Payment of Claims

    • §§542.151 - 542.154 - Notice of Settlement of Claim Under Casualty Insurance Policy (Applicable to Crime forms that include Third Party Liability

  • Credit, Credit Involuntary Unemployment, Involuntary Unemployment, GAP (Personal & Commercial) and Other Casualty - Policy Forms and Endorsements

  • Fidelity, Surety (other than Criminal Court Appearance Bonds), and Financial Guaranty Bonds or Insurance - Policy Forms and Endorsements

* Does not apply to Involuntary Unemployment (non-credit).

Return to Table of Contents

 

Bond, Crime, Commercial Glass, Credit & Other Casualty    Overview of Filing Requirements

  • TYPE OF FILING || Crime, Commercial Glass, Credit, Credit Involuntary Unemployment, Involuntary Unemployment, GAP-Single Interest (Commercial), GAP-Dual Interest (Personal), Other Casualty, Fidelity, Surety (other than Criminal Court Appearance Bonds), and Financial Guaranty Bonds or Insurance - Policy Forms and Endorsements

  • OVERVIEW || Prior Approval

    Filing must be submitted to the Texas Department of Insurance at least 60 days before the effective date of the filing.

    Filing is deemed approved if not disapproved within 60 days.

    Commissioner may extend the period to approve or disapprove the filing an additional 10 days by giving filer notice.

    Forms are available for use on the date approved by the Texas Department of Insurance. The commissioner's approval of a filed form constitutes a waiver of any unexpired portion of the 60-day period.

  • FILING REQUIREMENTS || An original & 2 copies of the following:
    • Property/Casualty Filing Transmittal Form (Link to Adobe Reader)
    • Filing (Policy Forms and/or Endorsements)
    • Statutory and Regulatory Requirements
    • Explanatory Memorandum
    • New Forms and Endorsements only*
      • Coverage Comparison
      • Summary of Policy Provisions
    • Amended/Revised Forms and Endorsements only
      • Coverage Evaluation
    -----------------------------

  • TYPE OF FILING || Crime, Commercial Glass, Credit, Credit Involuntary Unemployment, Involuntary Unemployment, GAP-Single Interest (Commercial), GAP-Dual Interest (Personal), Other Casualty, Fidelity, Surety (other than Criminal Court Appearance Bonds), and Financial Guaranty Bonds or Insurance - Manual Rules

  • OVERVIEW || File and Use

    Rules are available for use on the date received by the Texas Department of Insurance.

  • FILING REQUIREMENTS || An original & 2 copies of the following:

* If the Explanatory Memorandum does not fully explain or describe the filed policy form(s) or endorsement(s), the department may request either a Coverage Comparison or Summary of Policy Provisions.

Return to Table of Contents

 

Bond, Crime, Commercial Glass, Credit & Other Casualty    Explanation of Filing Requirements

  • TYPE OF FILING || Crime, Commercial Glass, Credit, Credit Involuntary Unemployment, Involuntary Unemployment, GAP-Single Interest (Commercial), GAP-Dual Interest (Personal), Other Casualty, Fidelity, Surety (other than Criminal Court Appearance Bonds), and Financial Guaranty Bonds or Insurance
  • REQUIREMENT || EXPLANATION

    • Coverage Comparison - A coverage comparison to a similar policy form or endorsement that has been previously approved or adopted by the commissioner shall include a detailed explanation of all the differences including any restrictions in coverage, enhancements in coverage, or clarifications to the previously approved policy form(s) or endorsement(s).

    • Coverage Evaluation - A coverage evaluation shall include a detailed explanation of the proposed changes including any restrictions in coverage, enhancements in coverage, or clarifications to the previously approved or adopted policy form(s) or endorsement(s). These additional requirements may be provided in the Explanatory Memorandum or by providing:

      1. a side-by-side comparison showing any differences between the previously approved or adopted policy form(s) or endorsement(s) and the proposed policy form(s) or endorsement(s); or

      2. a copy of the previously approved or adopted policy form(s) or endorsement(s) indicating the differences between the approved or adopted policy form(s) or endorsement(s) and the filed policy form(s) or endorsement(s) with the new language underlined and the deleted language in brackets with a strikethrough, or other clearly identified or highlighted editorial notations referencing the new and replaced language.

    • Explanatory Memorandum - An explanatory memorandum shall include a detailed explanation of the reason(s) for filing the new or revised policy form(s), endorsement(s) and/or manual rule(s), a description of the policy form(s) or endorsement(s), and the application (e.g., the type of risk or risks the form(s) or endorsement(s) will be used with).

    • Statutory and Regulatory Requirements - Filings for new and amended policy form(s) and/or endorsement(s) shall include all provisions required by statute, administrative rule, or Commissioner's Order for a specific line of insurance. Such requirements may be included in the actual policy form(s), may be added by Texas amendatory endorsement or filing may reference an approved amendatory endorsement that is applicable to the policy form(s) contained in the filing.

    • Summary of Policy Provisions - A summary of all policy provisions shall include a detailed description and explanation of the coverages, limitations, exclusions and conditions.

    Return to Table of Contents

    Continue with Section 1 - Form & Rule Filings - General Liability



For more information contact:

CommercialPC@tdi.state.tx.us

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