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You are here: Home . rules . 2007 . 1220c-059

SUBCHAPTER E. TEXAS WINDSTORM INSURANCE ASSOCIATION

DIVISION 3. Policy Forms 28 TAC §5.4101
DIVISION 4. Endorsements 28 TAC §5.4201
DIVISION 5. Texas Special Mobile Home Windstorm and Hail Insurance Policy 28 TAC §5.4401
DIVISION 6. Manual 28 TAC §5.4501

1. INTRODUCTION. The Texas Department of Insurance proposes amendments to §§5.4101, 5.4201, 5.4401, and 5.4501 concerning Texas Windstorm Insurance Association (TWIA) policy forms, endorsements, and manual rules. The Department is proposing to adopt by reference (i) modifications to existing TWIA Dwelling and Commercial Policy forms, (ii) a new endorsement for use with the TWIA Dwelling Policy, (iii) modifications to two existing endorsements for TWIA Commercial and Dwelling Policies, (iv) modifications to the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy form, and (v) updates to the existing rules manual for TWIA; and to repeal an existing obsolete endorsement used with the TWIA Commercial Policy.

Amended §5.4101 is necessary to adopt modifications to existing TWIA Commercial and Dwelling Policies that would replace the current flood exclusion clause with a clarified flood exclusion clause (specifically excluding losses or damages caused by floods, surface water, waves, storm surge, tides, tidal water, tidal waves, tsunami, seiche, overflow of streams or other bodies of water, or spray from any of these, all whether driven by wind or not) and replace the existing deductible clause with a clarified deductible clause that specifies that deductibles apply on a per item per occurrence basis. References to the Insurance Code in existing TWIA Commercial and Dwelling Policies are updated to conform to the non-substantive code revision enacted by the 79th Legislature in HB 2017, effective April 1, 2007. Amended §5.4201 is necessary to adopt an optional new endorsement for the TWIA Dwelling Policy that provides for an annual increase in the dwelling limit of liability by a percentage established by a building cost index to be designated by TWIA. Amended §5.4201 is also necessary to update references to the Insurance Code in existing endorsements for TWIA Commercial and Dwelling Policies to conform to the non-substantive code revision enacted by the 79th Legislature in HB 2017, and to delete an endorsement for the TWIA Commercial Policy (Form No. TWIA-65, Large Deductible Endorsement) that is obsolete following the approval of new commercial deductible options in Commissioner's Order No. 06-1110, issued October 16, 2006. Amended §5.4401 is necessary to adopt modifications to the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy that replace the current flood exclusion clause with a clarified flood exclusion clause (specifically excluding the same losses or damages as the proposed modified TWIA Dwelling and Commercial Policies) and change references to the Insurance Code to conform to the non-substantive code revision enacted by the 79th Legislature in HB 2017. Amended §5.4501 is necessary to adopt updates to the existing TWIA rules manual that reflect commercial deductible options and associated credits established by Commissioner's Order No. 06-1110 and delete outdated options and associated credits; clarify that commercial deductibles apply on a per item per occurrence basis; make known the availability of an optional new Dwelling Policy endorsement that annually adjusts the limit of liability by a percentage established by a building cost index to be designated by TWIA; and designate as unavailable an obsolete Commercial Policy endorsement.

The purpose of TWIA, as stated in the Insurance Code §2210.001, is to provide windstorm and hail coverage to residents and businesses in the designated catastrophe areas that are unable to obtain such coverage in the voluntary market. The Insurance Code §2210.351 requires that TWIA must file with the Department modifications of policy and endorsement forms that TWIA proposes to use, and authorizes the Commissioner to approve, disapprove or modify the modifications of policy forms and endorsements in writing. The Insurance Code §2210.008 requires that the Commissioner approve TWIA policy forms by order after notice and a hearing. The Insurance Code §2210.351 also requires that TWIA must file with the Department each modification of the rules manual it proposes to use, and authorizes the Commissioner to approve, modify, or disapprove in writing each modification of the rules manual submitted.

TWIA filed a petition (Ref. No. P-0407-03) with the Department on April 30, 2007, requesting that §§5.4101 and 5.4401 be amended to adopt by reference modifications to the existing TWIA Dwelling and Commercial Policies and the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy to clarify the flood exclusion clause in each policy form.

TWIA filed a petition (Ref. No. P-0807-07) with the Department on August 15, 2007, requesting that §§5.4101, 5.4201, and 5.4401 be amended to adopt by reference modifications to the existing TWIA Dwelling Policy, the existing TWIA Commercial Policy, two existing endorsements (Form No. TWIA-432, Extension of Coverage--Increased Cost of Construction (Commercial) and Form No. TWIA-431, Extension of Coverage--Increased Cost of Construction (Dwelling)), and the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy to update a reference to the Government Code in each policy form, to update restatements of and references to the Insurance Code in the existing policy forms and endorsements, and to correct an obsolete reference to the Board of Insurance in the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy.

TWIA filed a petition (Ref. No. P-1007-14) with the Department on October 9, 2007, requesting that §5.4101 be amended to adopt by reference modifications to the existing TWIA Dwelling and Commercial Policies to clarify the deductible clause in each and that §5.4201 be amended to repeal an obsolete existing commercial endorsement (Form No. TWIA-65, Large Deductible Endorsement). The petition also requested that §5.4501 be amended to adopt by reference rules manual updates that reflect the commercial deductible options and associated credits adopted under Commissioner's Order No. 06-1110 and delete outdated options and associated credits (Rules Manual Section I, General Rules, subsection J. 2); clarify that commercial deductibles apply on a per item per occurrence basis (Rules Manual Section I, General Rules, subsection J. 2); and designate as unavailable an obsolete Commercial Policy endorsement (Form No. TWIA-65, Large Deductible Endorsement) (Rules Manual Section II, Policy Forms and Endorsements, subsection (b)(7)).

TWIA filed a petition (Ref. No. P-1007-16) with the Department on October 31, 2007, requesting that §5.4201 be amended to adopt by reference a new optional Dwelling Policy endorsement (Form No. TWIA 200 - Adjusted Building Cost Endorsement), and §5.4501 be amended to adopt by reference a rules manual update that reflects the availability of the additional endorsement (Rules Manual Section II, Policy Forms and Endorsements, subsections (a)(11) and (c)(11)).

The proposed modifications of the flood exclusion clause clarify existing language in the TWIA Dwelling Policy, the TWIA Commercial Policy, and the Texas Special Mobile Home Windstorm and Hail Insurance Policy. The modified flood exclusion clause will specifically exclude any and all losses or damages caused by floods, surface water, waves, storm surge, tides, tidal water, tidal waves, tsunami, seiche, overflow of streams or other bodies of water, or spray from any of these, all whether driven by wind or not. The existing flood exclusion clauses in all three policies currently exclude flood losses, but do not contain as detailed a list of exclusions as the proposed modified clauses.

The proposed modification of the deductible clause in both the Commercial and Dwelling Policies clarifies that deductibles apply on a per item per occurrence basis. This modification reflects the current practice and is not a substantive change in the TWIA application of deductibles following a loss. In addition, Commissioner's Order No. 06-1110, dated October 16, 2006, addressed requests in an earlier TWIA petition (Ref. No. P-0806-12), by establishing three commercial deductible options of one percent, two percent, and five percent, based on the limit of insurance for the covered item and associated credits for each option. The TWIA Commercial Policy is also proposed to be updated by using a new value for a hypothetical deductible in two examples in the policy form illustrating the effect of coinsurance on coverage. The new value for a hypothetical deduction is taken from the current range of commercial deductibles recently adopted in Commissioner's Order No. 06-1110. A Commercial Policy endorsement (Form No. TWIA-65, Large Deductible Endorsement), is proposed to be repealed because it is obsolete following the revision in TWIA commercial deductible options. Updates to the existing TWIA rules manual are proposed to be adopted to include new commercial deductible options and a schedule of credits for the new options adopted by Commissioner's Order No. 06-1110, dated October 16, 2006 (Section I, General Rules, subsection J.2); to delete from the rules manual outdated commercial deductible options and schedules of credits for the outdated options (Section I, General Rules, subsection J.2); to provide that commercial deductibles apply per item per occurrence (Section I, General Rules, subsection J.2); and to advise that Commercial Policy endorsement Form No. TWIA-65 is no longer available (Section II, Policy Forms and Endorsements, subsection (b)(7)).

Additional proposed modifications to the existing TWIA Dwelling Policy, the existing TWIA Commercial Policy, and the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy update references to the Government Code Chapter 418 concerning the declaration of a disaster and provide a lengthier disclosure of Insurance Code appeal procedures in each existing policy form. The lengthier disclosure of Insurance Code appeal procedures does not substantively change the legal procedures available to policyholders through the existing policies, but does update the Insurance Code references to conform to the non-substantive code revision enacted by the 79th Legislature in HB 2017. A proposed modification of the existing Texas Special Mobile Home Windstorm and Hail Insurance Policy deletes an obsolete reference to the Board of Insurance and replaces it with the Texas Department of Insurance. The proposed modifications of two existing endorsements (Form No. TWIA-432, Extension of Coverage--Increased Cost of Construction (Commercial) and Form No. TWIA-431, Extension of Coverage--Increased Cost of Construction (Dwelling)), do not change the substantive terms of the endorsements, but provide updated references to the Insurance Code Chapter 2210 to conform to the non-substantive code revision enacted by the 79th Legislature in HB 2017.

A new optional dwelling endorsement (Form No. TWIA-200, Adjusted Building Cost Endorsement), proposed to be adopted by reference in amended §5.4201, provides for an annual increase in the dwelling limit of liability by a percentage established by a building cost index to be designated by TWIA. This endorsement will be provided, at the insured's option, at no additional premium. The resulting increases in limits are not mandatory and may be subsequently modified or rejected by the insured. An update to the existing TWIA rules manual is proposed to be adopted to reflect the availability of the new dwelling endorsement (Rules Manual Section II, Policy Forms and Endorsements, subsections (a) (11) and (c)(11)).

Amended §5.4101 proposes to adopt by reference, effective March 1, 2008, modifications to existing TWIA Dwelling and Commercial Policies to incorporate in each existing policy a clarified flood exclusion clause, a clarified deductible clause, and a lengthier disclosure of Insurance Code appeal procedures; to update in each existing policy a reference to the Government Code Chapter 418; and to provide Insurance Code references in each existing policy conforming to the non-substantive code revision enacted by the 79th Legislature in HB 2017. An additional modification to the existing TWIA Commercial Policy is also proposed to be adopted to use a new value for a hypothetical commercial deductible, taken from the range of commercial deductibles adopted in Commissioner's Order No. 06-1110, in two examples in the policy form illustrating the effect of coinsurance on coverage. No other modifications of existing TWIA Dwelling and Commercial policies are proposed to be adopted.

Amended §5.4201(3) proposes to delete existing subparagraph (D) because it adopts by reference existing commercial endorsement Form No. TWIA-65, Large Deductible Endorsement, made obsolete by Commissioner's Order No. 06-1110 adopting new commercial deductible options. Amended §5.4201(3) proposes to redesignate existing subparagraphs (E) - (K) as subparagraphs (D) - (J) because of the proposed deletion of existing subparagraph (D). Amended redesignated §5.4201(3)(J) and amended §5.4201(4)(H) propose to adopt by reference, effective March 1, 2008, modifications to two existing endorsements, Form No. TWIA-432, Extension of Coverage-Increased Cost of Construction (Commercial) and Form No. TWIA-431, Extension of Coverage-Increased Cost of Construction (Dwelling), respectively, to conform the Insurance Code references in the endorsements to the non-substantive code revision enacted by the 79th Legislature in HB 2017.

The proposal combines the listing of TWIA Dwelling Policy Endorsements that are in two separate paragraphs (§5.4201(4) and (5)) in the existing rule into a single listing under paragraph (4). Therefore, amended §5.4201 proposes to delete the caption in existing paragraph (5) because the text is a repetition of the text of existing §54201(4). Existing subparagraphs (A) - (H) of §5.4201(5) are proposed to be redesignated as subparagraphs (I) - (P) of amended §5.4201(4). Existing §5.4201(6) is proposed to be renumbered as amended §5.4201(5) because of the proposed deletion of existing §5.4201(5).

Section 5.4201(4)(Q) proposes to adopt by reference new Form No. TWIA-200, Adjusted Building Cost Endorsement, effective March 1, 2008.

No other modifications of existing TWIA endorsements are proposed to be adopted.

Amended §5.4401 proposes to adopt by reference, effective March 1, 2008, modifications to the existing Texas Special Mobile Windstorm and Hail Insurance Policy, incorporating in the policy a clarified flood exclusion clause, a lengthier disclosure of Insurance Code appeal procedures, and an updated reference to Government Code Chapter 418; conforming Insurance Code references in the existing policy to the non-substantive code revision enacted by the 79th Legislature in HB 2017; and replacing an obsolete reference in the policy to the Board of Insurance with the Texas Department of Insurance. No other modifications of the existing Texas Special Mobile Windstorm and Hail Insurance Policy are proposed to be adopted.

Amended §5.4501 proposes to adopt by reference, effective March 1, 2008, updates to the existing TWIA rules manual that reflect commercial deductible options and associated credits adopted by Commissioner's Order No. 06-1110 and delete outdated options and associated credits (Rules Manual Section I, General Rules, subsection J.2); clarify that commercial deductibles apply on a per item per occurrence basis (Rules Manual Section I, General Rules, subsection J.2); make known the availability of an optional new Dwelling Policy endorsement that annually adjusts the limit of liability by a percentage established by a building cost index to be designated by TWIA (Rules Manual Section II, Policy Forms and Endorsements, subsections (a)(11) and (c)(11)); and designate as unavailable an obsolete Commercial Policy endorsement (Rules Manual Section II, Policy Forms and Endorsements, subsection (b)(7)). Non-substantive changes in Rules Manual Section II are also proposed to be made to the lettered and numbered designations of endorsements listed after the additions of new subsections (a)(11) and (c)(13). No other updates or modifications to the existing TWIA rules manual are proposed to be adopted. A typographical error occurring in the second sentence of amended §5.4501 is proposed to be corrected by replacing the existing word manuals with the word manual.

Copies of proposed modified policy forms, the proposed modified endorsements for extension of coverage due to increased cost of construction for the Dwelling and Commercial Policies, the existing Commercial Policy endorsement proposed to be repealed, the Dwelling Policy endorsement proposed to be added, and the proposed updates to the rules manual, may be obtained by contacting the Personal Lines Division, Mail Code 104-1A, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701, (512) 322-2266.

2. FISCAL NOTE. Marilyn Hamilton, Associate Commissioner of the Property and Casualty Program, has determined that for each year of the first five years the proposed sections will be in effect, there will be no fiscal impact to state and local governments as a result of the enforcement or administration of the proposal. There will be no measurable effect on local employment or the local economy as a result of the proposal.

3. PUBLIC BENEFIT/COST NOTE. Ms. Hamilton has further determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of administering the proposed amendments will be the offering of windstorm and hail policy forms that more clearly state the coverage provided by and excluded under TWIA policies. It is particularly important that TWIA policy forms incorporate a clarified flood damage clause; so that policyholders fully understand that the risk of flood damage is not covered under the TWIA policies, and may consider the separate purchase of federal flood insurance if available. The modified language in the deductible clauses of the Dwelling and Commercial Policies unambiguously states that deductibles apply on a per item per occurrence basis. The updating of legal references in the policy forms and endorsements will assist policyholders and agents locate and review applicable law. The adoption of the proposed dwelling endorsement and the amendment of the rules manual to reflect the availability of the new endorsement will assist policyholders and agents maintain adequate windstorm and hail insurance coverage. The amendment to the rules manual will also assist agents by providing a correct schedule of credits for current commercial policy deductible options. Clarifying through modified policy forms, endorsements, and the rules manual what is covered and what is excluded under TWIA policies benefits TWIA policyholders by enabling TWIA to pay only for losses that were intended to be covered by its policies and eliminating unnecessary costs that could lead to higher rates. TWIA members also benefit by avoiding assessments for losses not intended to be covered by TWIA policies, and the general revenue of the state avoids the loss of premium taxes. The proposed modifications will assist TWIA to continue to achieve its statutory purpose of providing a method by which adequate windstorm and hail insurance may be made available in certain designated portions of this state.

TWIA will incur costs for printing and distributing the modified policies and endorsements; however, TWIA has agreed to bear such costs by filing the petitions. Under proposed §5.4501, TWIA will not incur the costs in printing and distributing the updated pages of the rules manual because the rules manual is printed and distributed by ICT Services (ICT) and Wolters Kluwer Financial Services. Agents who utilize the rules manual subscribe to it directly from one of these sources. ICT charges $15 for new subscriptions and $15 to renew a subscription which includes providing the rules manual and all updates to the rules manual. Wolters Kluwer Financial Services charges $109 for new subscriptions and $85 to renew a subscription which includes providing the rules manual and all updates to the rules manual. ICT and Wolters Kluwer have informed the Department that they will print and distribute the updated rules manual pages to their subscribers at no additional charge.

4. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL AND MICRO BUSINESSES. The Government Code §2006.002(c) requires that if a proposed rule may have an economic impact on small businesses, state agencies must prepare as part of the rulemaking process an Economic Impact Statement that assesses the potential impact of the proposed rule on small businesses and a Regulatory Flexibility Analysis that considers alternative methods of achieving the purpose of the rule. The Government Code §2006.001(a)(2) defines small business as a legal entity, including a corporation, partnership, or sole proprietorship, that is formed for the purpose of making a profit; is independently owned and operated, and has fewer than 100 employees or less than $6 million in annual gross receipts. The Government Code §2006.001(a)(1) defines micro business similarly to small business but specifies that such a business may not have more than 20 employees. The Government Code §2006.001(a)(1) does not specify a maximum level of gross receipts for a micro business.

TWIA does not meet the definition of a small business under the Government Code §2006.001(a)(2). TWIA is an association … composed of all property insurers authorized to engage in the business of property insurance in this state, formed under the authority of the Insurance Code §2210.051. It is not a corporation, partnership nor sole proprietorship. It is not formed for the purpose of making a profit, but to provide a method by which adequate windstorm and hail insurance may be made available in certain designated portions of this state, as mandated by the Insurance Code §2210.001. Under the Insurance Code §2210.056, the net earnings of TWIA may not inure to the benefit of private shareholders or individuals, and the assets of TWIA may not be used other than to satisfy claims on policies, make investments authorized under applicable law, pay reasonable and necessary administrative expenses, and purchase reinsurance or prepare for or mitigate the effects of catastrophic natural events. Under the Insurance Code §2210.452, all premium and other revenue of TWIA in excess of incurred losses and operating expenses is paid to a catastrophe reserve trust fund or a reinsurance program approved by the Commissioner. Further, under the Insurance Code §§2210.056 and 2210.452, on the dissolution of TWIA, all assets revert to the state. TWIA is not independently owned and operated. In addition to not being owned by its members, under the Insurance Code §§2210.101 and 2210.102, TWIA operates with a nine member board of directors responsible and accountable to the Commissioner. TWIA provides windstorm and hail insurance according to a plan of operation as specified by the Insurance Code §2210.152 and adopted by the Commissioner by rule pursuant to the Insurance Code §2210.151. Further, TWIA has approximately 150 employees (including employees who are providing services by contract to the Fair Access to Insurance Requirements (FAIR) Plan) and net receipts well over $6 million. An analysis of the rule's economic impact on TWIA is not statutorily required.

Agents who write windstorm and hail insurance through TWIA may meet the definition of small business or micro business in the Government Code §2006.001. As previously noted, costs for printing and distributing the modified policy forms and endorsements will be borne by TWIA. There will be no new costs to agents to obtain the updated rules manual because updates to the rules manual are included in the cost of a subscription to ICT Services or Wolters Kluwer Financial Services. There is no anticipated adverse economic effect on small or micro businesses regarding the regulatory cost of compliance with the rule proposal; therefore, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis is not statutorily required.

5. TAKINGS IMPACT ASSESSMENT. The Department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

6. REQUEST FOR PUBLIC COMMENT. To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on February 4, 2008, to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comment must be simultaneously submitted to Marilyn Hamilton, Associate Commissioner, Property and Casualty Program, Mail Code 104PC, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.

The Commissioner will consider the adoption of the proposed amendments in a public hearing under Docket No. 2679, scheduled for January 29, 2008, at 9:30 a.m., in Room 100 of the William P. Hobby, Jr., State Office Building, 333 Guadalupe Street, Austin, Texas. Written and oral comments presented at the hearing will be considered.

7. STATUTORY AUTHORITY. The amendments are proposed pursuant to the Insurance Code Chapter 2210 and §36.001. The Insurance Code §2210.008 authorizes the Commissioner, after notice and hearing, to issue any orders which the Commissioner considers necessary to carry out the purposes of the Insurance Code Chapter 2210, including orders regarding maximum rates, competitive rates, and policy forms. The Insurance Code §2210.351(a) authorizes the Commissioner to approve, modify, or disapprove each rules manual and each modification of the rules manual TWIA proposes to use. The Insurance Code §2210.351(b) requires that proposed policy and endorsement forms must be filed with the Department along with proposed manuals of classifications, rules, rates, rating plans and each modification of those items that TWIA proposes to use. The Insurance Code §36.001 authorizes the Commissioner of Insurance to adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.

8. CROSS REFERENCE TO STATUTE. The following statutes are affected by this proposal:

Rule Statute

§§5.4101, 5.4201, 5.4401, and 5.4501 Insurance Code Chapter 2210

9. TEXT.

DIVISION 3. POLICY FORMS

§5.4101. TWIA Dwelling and Commercial Policy Forms. The Texas Department of Insurance adopts by reference the Texas Windstorm Insurance Association Dwelling Policy and the Texas Windstorm Insurance Association Commercial Policy as amended effective March 1, 2008 [ July 15, 2006]. Specimen copies of these policy forms are available from the Texas Windstorm Insurance Association, P.O. Box 99090, Austin, Texas 78709-9090. They may also be obtained by contacting the Personal Lines Division, Mail Code 104-1A, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701.

DIVISION 4. ENDORSEMENTS

§5.4201. Endorsements for Use with TWIA Policy Forms. The Texas Department of Insurance adopts by reference endorsements for use with the Texas Windstorm Insurance Association (TWIA) Policy Forms. Specimen copies of these endorsements are available from the Texas Windstorm Insurance Association, P.O. Box 99090, Austin, Texas 78709-9090. They are also available from the Personal Lines Division, Mail Code 104-1A, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701. The endorsement forms are more specifically identified as follows.

(1) - (2) (No change.)

(3) Endorsements for use with the TWIA Commercial Policy.

(A) Form No. TWIA-18, Builders Risk--Stated Value Form, effective June 15, 1999.

(B) Form No. TWIA-21, Builders Risk--Actual Completed Value Form, effective June 15, 1999.

(C) Form No. TWIA-26, Church Form, effective June 15, 1999.

[ (D) Form No. TWIA-65, Large Deductible Endorsement, effective June 15, 1999 .]

(D)[ (E)] Form No. TWIA-115, Lumber Form--Specific--Retail Yard, effective June 15, 1999.

(E)[ (F)] Form No. TWIA-164, Replacement Cost Endorsement, effective June 15, 1999.

(F)[ (G)] Form No. TWIA-176, School Form, effective June 15, 1999.

(G)[ (H)] Form No. TWIA-280, Condominium Property Form--Additional Policy Provisions, effective June 15, 1999.

(H)[ (I)] Form No. TWIA-282, Condominium Property Form--Additional Property Provisions, amended June 15, 1999.

(I)[ (J)] Form No. TWIA-17, Business Income Coverage, effective May 1, 2001.

(J)[ (K)] Form No. TWIA-432, Extension of Coverage--Increased Cost of Construction (Commercial) effective March 1, 2008 [ July 15, 2006].

(4) Endorsements for use with the TWIA Dwelling Policy.

(A) Form No. TWIA-310, Extensions of Coverage, amended June 15, 1999.

(B) Form No. TWIA-315, Extensions of Coverage, amended June 15, 1999.

(C) Form No. TWIA-320, Extensions of Coverage, amended June 15, 1999.

(D) Form No. TWIA-325, Extensions of Coverage, amended June 15, 1999.

(E) Form No. TWIA-326, Extensions of Coverage, amended June 15, 1999.

(F) Form No. TWIA-328, Extensions of Coverage, amended June 15, 1999.

(G) Form No. TWIA-410, Conversion to Farm and Ranch Dwelling Policy, effective June 15, 1999.

(H) Form No. TWIA-431, Extension of Coverage--Increased Cost of Construction (Dwelling), effective March 1, 2008 [ July 15, 2006].

[ (5) Endorsements for use with the TWIA Dwelling Policy.]

(I)[ (A)] Form No. TWIA-330, Extensions of Coverage, amended June 15, 1999.

(J)[ (B)] Form No. TWIA-335, Extensions of Coverage, amended June 15, 1999.

(K)[ (C)] Form No. TWIA-340, Extensions of Coverage, amended June 15, 1999.

(L)[ (D)] Form No. TWIA-345, Extensions of Coverage, amended June 15, 1999.

(M)[ (E)] Form No. TWIA-350, Extensions of Coverage, amended June 15, 1999.

(N)[ (F)] Form No. TWIA-365, Replacement Cost Endorsement--Personal Property, amended June 15, 1999.

(O)[ (G)] Form No. TWIA-400, Actual Cash Value--Roofs (One or Two Family Dwellings), effective June 15, 1999.

(P)[ (H)] Form No. TWIA-420, Exclusion of Cosmetic Damage to Roof Coverings Caused by Hail, effective June 15, 1999.

(Q) Form No. TWIA-200, Adjusted Building Cost Endorsement, effective March 1, 2008.

(5)[ (6)] Endorsements for use with the Texas Special Mobile Home Windstorm and Hail Insurance Policy.

(A) Form No. TWIA-29, Mandatory Endorsement, amended June 15, 1999.

(B) Form No. TWIA-570, Mobile Home Percentage Deductible Clause (Coastal Area), amended June 15, 1999.

(C) Form No. TWIA-575, Mobile Home Percentage Deductible Clause (Beach Area), amended June 15, 1999.

DIVISION 5. TEXAS SPECIAL MOBILE HOME

WINDSTORM AND HAIL INSURANCE POLICY

§5.4401. Texas Special Mobile Home Windstorm and Hail Insurance Policy--Deductible Coverage. The Texas Department of Insurance adopts by reference the Texas Special Mobile Home Windstorm and Hail Insurance Policy--Deductible Coverage as amended effective March 1, 2008 [ July 15, 2006]. Specimen copies of this policy are available from the Texas Windstorm Insurance Association, P.O. Box 99090, Austin, Texas 78709-9090. Copies may also be obtained by contacting the Personal Lines Division, Mail Code 104-1A, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701.

DIVISION 6. MANUAL

§5.4501. Rules for the Texas Windstorm Insurance Association. The Texas Department of Insurance adopts by reference a rules manual for the Texas Windstorm Insurance Association as amended effective March 1, 2008 [ July 15, 2006]. A specimen copy of the rules manual [ manuals] is available from the Texas Windstorm Insurance Association, P.O. Box 99090, Austin, Texas 78709-9090. Copies may also be obtained by contacting the Personal Lines Division, Mail Code 104-1A, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701.

FOR COPIES OF THE ADOPTION BY REFERENCE MATERIAL CONTACT THE OFFICE OF THE CHIEF CLERK AT ChiefClerk@tdi.state.tx.us PLEASE REFER TO THE RULE NUMBERS WHEN REQUESTING THE INFO.



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