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Property/Casualty Filings Made Easy Guide - Part 5 of 9

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

November 2011 Edition, Continued Part 5 of 9

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

Multi-Peril
Statutory and Regulatory Requirements

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


MULTI-PERIL | 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.

Separate lines of insurance contained in a multi-peril policy must include all applicable statutory and regulatory requirements.

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Multi-Peril
OVERVIEW of Filing Requirements

  • TYPE OF FILING || Multi-Peril - 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 || Multi-Peril - 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.

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Multi-Peril
EXPLANATION of Filing Requirements

  • TYPE OF FILING || Multi-Peril

  • 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.

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Personal Casualty
Statutory and Regulatory Requirements

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


PERSONAL CASUALTY (Including Personal Umbrella* and Personal 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

  • Personal Casualty (Including Personal Umbrella [Pay on Behalf of] and Personal Liability) - Policy Forms and Endorsements
  • Personal Umbrella (Indemnify or Pay to the Insured) - Policy Forms and Endorsements
  • All Policies - Policy Forms and Endorsements

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

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Personal Casualty
OVERVIEW of Filing Requirements

  • TYPE OF FILING || Personal Casualty (Including Personal Umbrella and Personal 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 || Personal Casualty (Including Personal Umbrella and Personal 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


Personal Casualty
EXPLANATION of Filing Requirements

  • TYPE OF FILING || Personal Casualty (Including Personal Umbrella and Personal 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



Professional Liability
Statutory and Regulatory Requirements

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


Medical PROFESSIONAL LIABILITY and Miscellaneous Professional Liability
| Type of Filing - Type of Law
  • Policy Forms and Endorsements - Prior Approval
  • Manual Rules - File and Use

UNREGULATED PROFESSIONAL LIABILITY LINES

  • Pursuant to §1806.102 and §2252.001 and subsequent department actions, the following lines of Professional Liability are not subject to form, rule, and rate regulation on monoline basis and therefore no filing is required:

    • Accountants Professional Liability
    • Architects Professional Liability
    • Barbers Professional Liability
    • Beauticians Professional Liability
    • Engineers Professional Liability
    • Lawyers Professional Liability
    • Medical Laboratory Professional Liability
    • Psychologists Professional Liability
    • Real Estate Dealers Professional Liability
    • Surveyors Professional Liability
    • X-Ray Laboratory Professional Liability

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

TYPE OF FILING || ARTICLE/SECTION || REQUIREMENTS

  • Medical Professional Liability and Miscellaneous Professional Liability - Policy Forms and Endorsements
  • Medical Professional Liability only* - Policy Forms and Endorsements

    • 28 TAC §5.1501 - Procedures for Reconsideration of Rates or Premiums Charged a Physician or Health Care Provider for Medical Professional Liability Insurance
    • §1901.251 - Premium Basis
    • §1901.253 - Notice of Premium Increase, Cancellation, or Nonrenewal
    • §1901.252 - Coverage for Exemplary Damages
    • §1901.055 - Claim Surcharges

  • Miscellaneous Professional Liability only - Policy Forms and Endorsements

* Medical Professional Liability carriers must also comply with the loss control requirements of Texas Insurance Code Chapter 1903.

Return to Table of Contents


Professional Liability
OVERVIEW of Filing Requirements

  • TYPE OF FILING || Medical Professional Liability and Miscellaneous Professional 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 || Medical Professional Liability and Miscellaneous Professional 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


Professional Liability
EXPLANATION of Filing Requirements

  • TYPE OF FILING || Medical Professional Liability and Miscellaneous Professional 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


Continue with Section I - Form & Rule Filings - Commercial Property



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