May 4, 2016
RE: PERSONAL AUTOMOBILE, RESIDENTIAL PROPERTY, AND WORKERS’ COMPENSATION UNDERWRITING GUIDELINES
Texas Administrative Code Section 5.9342 requires insurers writing personal automobile, residential property, or workers’ compensation insurance to file a full copy of their underwriting guidelines with TDI every three years. If one set of underwriting guidelines is used for a group, the filing must identify which underwriting guidelines apply to each company in the group.
TDI reminds all insurers to submit a full and complete copy of their current underwriting guidelines no later than August 30, 2016. Failure to meet this deadline may result in a referral for an enforcement action.
We prefer that insurers submit their underwriting guidelines using the System for Electronic Rate and Form Filings (SERFF) system. For details about using SERFF, please see http://www.serff.com/.
Insurers may also submit their underwriting guidelines by email or mail. Submit the required information to:
Email: PCFilingsIntake@tdi.texas.gov
Mail: Texas Department of Insurance
Property and Casualty Intake Unit, Mail Code 104-3B
P.O. Box 149104
Austin, TX 78714-9104
For questions, contact Property and Casualty Lines Office at 512-676-6710 or PropertyCasualty@tdi.texas.gov. Below are frequently asked questions about underwriting guidelines filings.
Confidentiality:
Underwriting guidelines for personal automobile and residential property policies are not confidential under Texas Insurance Code Section 38.002. TDI will continue to refer underwriting guidelines marked confidential to the Office of the Attorney General of Texas. See Commissioner’s Bulletin No. B-0021-15.
Frequently Asked Questions
Which statutes and rules require insurers to file underwriting guidelines?
Texas Insurance Code Sections 38.002 and 38.003, and Chapter 2053.
Texas Administrative Code, Title 28, Part 1, Chapter 5, Subchapter M, Division 7.
What are underwriting guidelines?
Texas Insurance Code Sections 38.002 and 2053.031 define underwriting guidelines as rules, standards, guidelines, or practices, whether written, oral, or electronic, that are used by insurers or their agents to decide whether to accept or reject an application for coverage or to determine how to classify those risks that are accepted for purposes of determining a rate.
Which underwriting guidelines must insurers submit?
Insurers must submit their personal automobile, residential property, and workers’ compensation insurance underwriting guidelines.
Do insurers need to resubmit their underwriting guidelines if they already filed them this year?
Insurers that filed a full and complete set of their underwriting guidelines this year should submit a letter identifying the submission date and state tracking number for those underwriting guidelines. The letter should state there have been no changes to the underwriting guidelines since the previous filing.
Can insurers file their underwriting guidelines with a rate/rule filing?
No. Under Texas Administrative Code Section 5.9342(g), insurers must submit a separate filing for their underwriting guidelines.
How do insurers get access to SERFF?
To access SERFF, go to http://www.serff.com/.