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Property/Casualty Filings Made Easy Guide - Part 6 of 9

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

November 2011 Edition, Continued Part 6 of 9

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

Property - Commercial, Farm & Ranch and Farm & Ranch Owners
Statutory and Regulatory Requirements

Statutory or Regulatory Reference
Chapter 2301 and Chapter 2251
Chapter 2171
28 TAC §5.9320

Type of Filing - Type of Law

  • Commercial Property, Farm & Ranch and Farm & Ranch Owners
  • Commercial Group Property
    • Policy Forms and Endorsements - File for Informational Purposes ( Chapter 2171)
    • Manual Rules - File and Use ( Chapter 2171)

ARTICLE/SECTION - REQUIREMENTS

  • 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
  • Chapter 2171 - Commercial Group Property Insurance
  • 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, and all farm & ranch and farm & ranch owners policies)
  • §551.107 - Renewal of Certain Policies; Premium Surcharge Authorized; Notice (applies to farm & ranch and farm & ranch owners)
  • §§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 (applies to farm liability under commercial property, including employer liability under farm liability coverage)
  • §862.053 - Fire Insurance: Total Loss of Real Property
  • §862.055 - Fire Insurance: Interest of Mortgagee or Trustee

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

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Property - Commercial, Farm & Ranch and Farm & Ranch Owners OVERVIEW of Filing Requirements

  • TYPE OF FILING || Commercial Property, Farm & Ranch and Farm & Ranch Owners - 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 Group Property** - Policy Forms and Endorsements

  • OVERVIEW || File for Informational Purposes

    An insurer, before using a policy form for a group of businesses or an association in which each member is not a large risk, shall file the policy form for informational purposes.

    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: ----------------------------
  • TYPE OF FILING || Commercial Property, Farm & Ranch and Farm & Ranch Owners - 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: ----------------------------
  • TYPE OF FILING || Commercial Group Property** - 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.

** An insurer filing information under §2171.003 or §2171.004, shall clearly identify the group of businesses or the association to be insured.

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Property - Commercial, Farm & Ranch and Farm & Ranch Owners EXPLANATION of Filing Requirements

  • TYPE OF FILING || Commercial Property, Farm & Ranch and Farm & Ranch Owners, and Commercial Group Property

  • 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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Property - Residential (Homeowners/Dwelling)
Statutory and Regulatory Requirements

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

Residential Property (Homeowners / Dwelling) | Type of Filing - Type of Law

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

ARTICLE/SECTION - REQUIREMENTS

* Applicable to Homeowners policies and multi-peril dwelling policies if liability provided.

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

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Property - Residential (Homeowners/Dwelling)
OVERVIEW of Filing Requirements

  • TYPE OF FILING || Residential Property - 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.

    Endorsements 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 || Residential Property - 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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Property - Residential (Homeowners/Dwelling)
EXPLANATION of Filing Requirements

  • TYPE OF FILING || Residential Property

  • 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 Score - 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 forms.

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Workers' Compensation and Employers' Liability
Statutory and Regulatory Requirements

Statutory or Regulatory Reference
Section 2053.202
Section 2052.002
Article 5.77

Workers' Compensation and Employers' Liability | Type of Filing - Type of Law

ARTICLE/SECTION - REQUIREMENTS

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Workers' Compensation and Employers' Liability
OVERVIEW of Filing Requirements

  • TYPE OF FILING || Workers' Compensation - Endorsements and Premium Rating Plan Rules

  • OVERVIEW || No time limitation for filing submission or approval.

    Prior Approval

    Effective Date: Forms are effective for use on the date approved by the Texas Department of Insurance, unless the date designated in the transmittal form submitted by the company is for a specified date later than the date approved. In that case, the later date is the effective date.

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

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Workers' Compensation and Employers' Liability
EXPLANATION of Filing Requirements

  • TYPE OF FILING || Workers' Compensation - Endorsements and Premium Rating Plan Rules

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

    • 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.

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Last updated: 03/21/2016

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