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Property/Casualty Filings Made Easy Guide - Part 4 of 9

Indicates new addition since last update. Indicates new information since last update

November 2011 Edition, Continued Part 4 of 9

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

General Liability and Commercial Casualty
Statutory and Regulatory Requirements

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

General Liability and Commercial Casualty (Including Boiler & Machinery, Commercial Umbrella*, Excess Liability, Excess Umbrella, and Farm Liability)
|| Type of Filing - Type of Law

  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use

* Subject to Subchapter B. Regulation of Umbrella Liability Insurance 28 TAC §5.1201.

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

TYPE OF FILING | ARTICLE/SECTION | REQUIREMENTS

  • General Liability, Commercial Casualty (other than Boiler & Machinery), Commercial Umbrella (Pay on Behalf of), Excess Liability, Excess Umbrella, Farm Liability, and Any Other Policies Containing Liability Coverage - Policy Forms and Endorsements

  • Boiler & Machinery and Commercial Umbrella (Indemnify or Pay to the Insured) - Policy Forms and Endorsements

  • All Policies - Policy Forms and Endorsements

* Does not apply to commercial umbrella policies that pay on behalf of the insured.

Return to Table of Contents


General Liability and Commercial Casualty
Overview of Filing Requirements

  • TYPE OF FILING || General Liability and Commercial Casualty (Including Boiler & Machinery, Commercial Umbrella, Excess Liability, Excess Umbrella, and Farm Liability) - 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 || General Liability and Commercial Casualty (Including Boiler & Machinery, Commercial Umbrella, Excess Liability, Excess Umbrella, and Farm Liability) - 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


General Liability and Commercial Casualty
Explanation of Filing Requirements

  • TYPE OF FILING || General Liability and Commercial Casualty (Including Boiler & Machinery, Commercial Umbrella, Excess Liability, Excess Umbrella, and Farm Liability)

  • 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



Identity Theft
Statutory and Regulatory Requirements

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

IDENTITY THEFT || Type of Filing - Type of Law

  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use

ARTICLE/SECTION - REQUIREMENTS

NOTE: Identity Theft Coverage may be: (1) offered as a separate insurance policy: (A) a residential and commercial property insurance policy; or (B) a personal or commercial insurance policy; and underwritten and issued as an individual or group insurance policy. Or coverage may be: (2) offered as a rider or endorsement to: (A) a residential and commercial property policy; or (B) a personal or commercial insurance policy. If offered as a rider or endorsement, requirements follow those found in the section for applicable lines of insurance.

Return to Table of Contents


Identity Theft
Overview of Filing Requirements

  • TYPE OF FILING || Identity Theft - 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 || Identity Theft - 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


Identity Theft
Explanation of Filing Requirements

  • TYPE OF FILING || Identity Theft

  • 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



Inland Marine (Filed Classes Only), Rain and Crop Hail
Statutory and Regulatory Requirements

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


Inland Marine (Filed Classes only)*, Rain and Crop Hail | Type of Filing - Type of Law
  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use


ARTICLE/SECTION - REQUIREMENTS

* For the definition of filed classes, refer to the Texas Definition of Inland Marine Insurance 28 TAC §§5.5001 and 5.5002.

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

Return to Table of Contents


Inland Marine (Filed Classes Only), Rain and Crop Hail
Overview of Filing Requirements

  • TYPE OF FILING || Inland Marine (Filed Classes only), Rain and Crop Hail - 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 || Inland Marine (Filed Classes Only), Rain and Crop Hail - 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


Inland Marine (Filed Classes Only), Rain and Crop Hail
Explanation of Filing Requirements

  • TYPE OF FILING || Inland Marine (Filed Classes only), Rain and Crop Hail

  • 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



Mortgage Guaranty
Statutory and Regulatory Requirements

Statutory or Regulatory Reference
Chapter 3502

Mortgage Guaranty | Type of Filing - Type of Law

  • Policy Forms, Endorsements and Manual Rules - File and Use

Mortgage Guaranty Pool | Type of Filing - Type of Law

  • Policy Forms, Endorsements and Manual Rules - Use and File

ARTICLE/SECTION - REQUIREMENTS

Return to Table of Contents


Mortgage Guaranty
Overview of Filing Requirements

  • TYPE OF FILING || Mortgage Guaranty - Policy Forms and Endorsements

  • OVERVIEW || File and Use

    Filing must be submitted to the Texas Department of Insurance at least 15 days before the date of use.

  • 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 || Mortgage Guaranty Pool - Policy Forms and Endorsements

  • OVERVIEW || Use and File

    Filing must be submitted within 15 days after the date of use.

  • 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 || Mortgage Guaranty - Manual Rules

  • OVERVIEW || Filing must be submitted to the Texas Department of Insurance at least 15 days before the date of use.

  • FILING REQUIREMENTS || An original & 2 copies of the following: ---------------------------
  • TYPE OF FILING || Mortgage Guaranty Pool - Manual Rules

  • OVERVIEW || Filing must be submitted within 15 days after the date of use.

  • 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


Mortgage Guaranty
Explanation of Filing Requirements

  • TYPE OF FILING || Mortgage Guaranty and Mortgage Guaranty Pool

  • 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 I - Form & Rule Filings - Multi-Peril



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