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Texas Department of Insurance
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Commissioner’s Bulletin # B-0047-11

November 29, 2011


To:   ALL INSURANCE COMPANIES, CORPORATIONS, EXCHANGES, MUTUALS, COUNTY MUTUALS, RECIPROCALS, ASSOCIATIONS, LLOYDS OR OTHER INSURERS WRITING AUTOMOBILE INSURANCE IN THE STATE OF TEXAS AND THE PUBLIC GENERALLY

Re:   WITHDRAWAL OF COMMISSIONER'S BULLETIN NO. B-0032-11 REGARDING UNINSURED AND UNDERINSURED MOTORISTS COVERAGE: OFFER OF BODILY INJURY AND PROPERTY DAMAGE UNINSURED/UNDERINSURED MOTORIST COVERAGE IN COMMERCIAL AND PERSONAL AUTOMOBILE INSURANCE POLICIES.


The purpose of this bulletin is to withdraw Commissioner's Bulletin No. B-0032-11 dated July 11, 2011. Commissioner's Bulletin No. B-0032-11 changed long-standing interpretation and practice regarding insurers' offering of uninsured/underinsured (UM/UIM) motorist coverage for bodily injury and property damage. The Department will initiate rule making to more fully and formally clarify the requirements of Insurance Code Sec. 1952.105 (a) and (b) regarding UM/UIM coverage. The Department plans to engage stakeholders to gather comments and publish an informal draft of a proposed rule.

Until rulemaking occurs, insurers that have altered their operations to comply with Commissioner's Bulletin No. B-0032-11 may continue to offer UM/UIM motorist coverage for bodily injury and property damage accordingly or may return to their prior practices. Those insurers that have not revised their operations to comply with Commissioner's Bulletin No. B-0032-11 may continue their current practices pending rulemaking.

Questions regarding this bulletin may be directed to Leslie Hurley, Manager, Personal Lines Division at 512-322-2266 or leslie.hurley@tdi.state.tx.us or Mark Worman, Manager, Commercial Property and Casualty Division at 512-305-6711 or to mark.worman@tdi.state.tx.us.


Eleanor Kitzman
Commissioner of Insurance

For more information, contact: ChiefClerk@tdi.texas.gov