The Commissioner of Insurance, by Commissioner´s Order No. 00-1383, has adopted amendments to the Texas Automobile Rules and Rating Manual (the Manual), Rule 48, and to the Automobile Liability Experience Rating Plan (the Plan), relating to filing requirements and the furnishing of information for commercial automobile experience rating.
Pursuant to these amendments, insurers, rather than the Texas Department of Insurance (Department), will perform all routine experience rating functions, subject to information requests by the Department. Insurers will be required to maintain experience data for five years and to supply any requesting company, agent, or insured with experience rating information within 30 calendar days of receipt of the request. If the requested information is not furnished within the required time frame, the Department requests that a second request (including a copy of the original) be sent, with a copy forwarded to the Department. This will be the Department´s notification that assistance is required.
The amendments, which also include various editorial changes, are as follows:
Rule 48, Section B, third paragraph, Section B.2.(a) and (b) (amended to delete requirements for regular reporting to the Department, and to set forth other duties of insurers such as maintaining experience data for availability to the Department); Section B.2.(c) (deleted); Section B.2.(d) (redesignated as "(c)"); Section B.2.(e) (redesignated as "(d)"); Section B.4. (deleted); Section B.5. (redesignated as "B.4."); Section B.6. (redesignated as "B.5." and is also amended to delete requirements for filing daily reports on policies, and filing cancellation information with the Department, and to require insurers to maintain a copy of each policy and endorsement for availability to the Department). The change to Manual Rule 48.D. is merely editorial. The sections of the Plan to be amended are as follows: Section III "Note 3" (deleted); Section IV.7.; and Administrative Rules. These amendments are consistent with the changes to Manual Rule 48.
The amendments were adopted to become effective January 27, 2001, which is 15 days after publication of the Commissioner´s action in the Texas Register.
If any information (policies, endorsements, ratings, data, etc.) is received by the Department on or after January 27, 2001, the Department will, for 60 days after the date of this bulletin, return such information. After this period of time, the Department will not return any filed information.
Questions regarding this bulletin may be directed to Grover Corum, Manager, Automobile/Homeowners Division at 512-322-3430 or Grover.Corum@tdi.state.tx.us.
Marilyn Hamilton
Deputy Commissioner
Personal & Commercial Lines Division