The Office of the Attorney General of Texas (OAG) issued an open records letter ruling indicating that residential property underwriting guidelines are not made confidential by Texas Insurance Code, Section 38.002. The letter ruling orders TDI to release the requested guidelines. See OR2014-00209 (Jan. 3, 2014) at https://www2.texasattorneygeneral.gov/opinions/openrecords/50abbott/orl/2014/pdf/or201400209.pdf.
If a company marks underwriting guidelines for personal automobile or residential property as confidential at the time of filing, TDI will continue to refer them to the OAG for a ruling. At the time of a referral, TDI will make a good faith attempt to provide notice and a copy of the referral to the filing company under Government Code, Section 552.305(d). The filing company will then have an opportunity to submit arguments to the OAG as to why its information should not be released.
For questions about this bulletin, contact Mark Worman in the Personal and Commercial Lines Office by email at mark.worman@tdi.texas.gov, or by phone at 512-676-6740.
Marilyn Hamilton, Director
Personal and Commercial Lines Office