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Commissioner’s Bulletin # B-0051-05

September 21, 2005

TO: ALL INSURANCE COMPANIES, CORPORATIONS, EXCHANGES, MUTUALS, RECIPROCALS, ASSOCIATIONS, LLOYDS, OR OTHER INSURERS WRITING PROPERTY AND CASUALTY INSURANCE IN THE STATE OF TEXAS AND TO AGENTS AND REPRESENTATIVES AND THE PUBLIC GENERALLY

RE: HURRICANE RITA - AN EXTRAORDINARY EVENT; CLAIMS ADJUSTING FOR HURRICANE VICTIMS OR EVACUEES.

On September 20, 2005, Governor Rick Perry issued a proclamation declaring a disaster due to the effects of Hurricane Rita, certifying that Hurricane Rita poses a threat of imminent disaster along the Texas Coast beginning September 20, 2005, and directing that all necessary measures both public and private as authorized under Section 418.015 of the Texas Government Code be implemented to meet that threat. The proclamation also states that, as provided in Section 418.016 of the Texas Government Code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the incident.

In the current disaster circumstances, the Texas Department of Insurance (TDI) reminds carriers that Insurance Code Sections 4101.002(b) and 4101.101 authorize carriers to immediately use nonresident and emergency adjusters to handle claims. These provisions are discussed further at http://www.tdi.state.tx.us/agent/agemeradj.html .

With the potential for devastation resulting from Hurricane Rita and the possible relocation of hurricane victims and other personal hardships sustained by residents of the Gulf Coast , the Texas Department of Insurance encourages carriers to use all available means to provide prompt and immediate relief to those residents and policyholders.

Questions regarding this bulletin may be directed to the Licensing Division, at 512-305-8197.






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