The Texas Department of Insurance issues the attached mandatory data call to all companies writing commercial property, residential property, commercial multi-peril, private crop, inland marine, medical malpractice, other general liability, products liability, fidelity, surety, and automobile insurance in Texas. The purpose of this data call is to collect information relating to disallowed expenses.
Texas Insurance Code §2251.003 identifies which insurers must submit this information. Section 2251.052(a)(8) prohibits considering disallowed expenses when determining individual company rates for lines of insurance regulated under Insurance Code Chapter 2251. This data call is designed to provide quantification of "disallowed expenses" as defined under §2251.002. Under 28 Texas Administrative Code §5.9331(b)(1), for filings made in accordance with Insurance Code Chapter 2251, payments to advisory organizations licensed to do business in Texas for services authorized by Insurance Code Chapter 1805, Subchapter B, are not considered disallowed expenses. This includes payments to advisory organizations for any of the following services listed under Insurance Code §1805.055: data collection and reporting, the development of statistical plans, the development and distribution of prospective loss costs, supplementary rating information, policy forms and endorsements, research, performance of inspections, and other reasonably related activities.
You must complete and return this data call in compliance with the general instructions no later than July 31, 2017. You must maintain in your records, for a minimum of two years following your submission to TDI, all underlying data, individual source documents, and any other information used to develop your data call response.
Reporting instructions, forms, and the Affidavit are on TDI's website at www.tdi.texas.gov/bulletins/index.html.
Submissions:
On completion of the Excel-based form, please save the file using the following naming standard:
For group filings, enter the file name as: GRP # DER2016.xls. For example, "GRP 1234 DER2016.xls."
For individual company filings, enter the group number as "0" followed by the five-digit NAIC company number. For example, "GRP 0 12345 DER2016.xls."
Please email the Excel file, using the Excel file name in the subject line, and an electronic copy of the signed and notarized Affidavit to datacall@tdi.texas.gov.
Failure to comply with the requirements of this data call within the time limits specified may be a violation of the Insurance Code and could subject the insurer to penalties provided by law.
If you have questions regarding this data call, please contact Brandon Easley in Data Services at 512-676-6690.
Excel Form, Affidavit, and Instructions