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Texas Department of Insurance
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Review Requirements Checklist – Commercial General Liability

(CGL, OCP, Liquor Liability, Railroad Protective, Products/Completed Operations, Pollution Liability, Farm Liability)

Updated 11/16/2021 - Return to Index

SB 1367 (87th Legislature, Regular Session, 2021) may exempt from filing your commercial forms or rates/rules.

For more information, see Bulletin B-0022-021 or contact


Refer to Property & Casualty Filings Made Easy for required documentation.


Filing Standards
Review requirements Reference Comments
Policy Forms and Endorsements §2301.001(2), Insurance Code Policy forms and endorsements may not be unjust, unfair, inequitable, misleading or deceptive.
Prior Approval  Chapter 2301, Insurance Code An insurance policy form or endorsement may not be delivered or issued for delivery in this state unless the form has been filed with and approved by the commissioner. Each filing shall be made not later than the 60th day before the date of any use or delivery for use.
Large Risk Exemption §2301.004, Insurance Code Policy forms for use with large risks are exempt from filing for prior approval if the forms are to be used with a "large risk." "Large Risk" is defined as an insured that has total insured property values of $5 million or more; an insured that has total annual gross revenues of $10 million or more; or an insured that has a total premium of $25,000 or more for property insurance, $25,000 or more for general liability insurance, or $50,000 or more for multiperil insurance.
Disapproval of Forms; Withdrawal of Approval §2301.007, Insurance Code The commissioner may disapprove a form filed under §2301.006 or withdraw approval of a form if the form (1) violates any law, including a rule adopted under the Texas Insurance Code, or (2) contains a provision or has a title or heading that is unjust or deceptive, encourages misrepresentation, or violates public policy.
Applications   Not Required to be Filed For Approval Unless Being Made a Part of the Policy
Review requirements Reference Comments
Arbitration Chapter 2301, Insurance Code Language used in arbitration agreements is to be consistent with that of the policy: to wit, don't use the word "parties" when you actually mean insured(s) and insurer. Binding arbitration is okay. Arbitration agreements may be mandatory. Arbitration must be held in Texas for Texas policyholders unless mutually agree on an alternate. In general, arbitration language cannot be unjust, misleading or deceptive.
Cancellation & Nonrenewal
Review requirements Reference Comments
Cancellation & Nonrenewal of Certain Liability Insurance Coverage §§551.051-551.055 and §551.004, Insurance Code Cancellation and nonrenewal of certain liability insurance policies.
Elected Officials §§551.151 & 551.152, Insurance Code An insurer may not cancel or refuse to renew an insurance policy based solely on the fact that the policyholder is an elected official.
Insured's Right to Cancel Chapter 2301, Insurance Code Insurance company cannot limit or restrict the insured's right to cancel a policy.
Voiding Coverage Chapter 705, Insurance Code "Void Coverage" language must comply with Chapter 705, Subchapter A, and the misrepresentation must be material.
Choice of Law
Review requirements Reference Comments
Texas Laws Govern Policies Article 21.42, Insurance Code Texas must be choice if filing contains choice of law provision.
Claims Made Coverage
Review requirements Reference Comments
Disclosure Required Chapter 2301, Insurance Code If the policy is a claims made policy a disclosure to that effect must be prominently displayed on either or both the declaration sheet or the first page of the policy. The disclosure must be plainly readable bold type.
30-Day Extended Reporting Period Required Chapter 2301, Insurance Code The insured must be given at least an automatic 30-day extended reporting period to report claims becoming known too late to report before the end of the policy period.
Policy Provision Required Chapter 2301, Insurance Code A policy provision advising the insureds of a right to purchase an extended reporting endorsement. The policy must give the insured a minimum of thirty days to purchase the extended reporting endorsement and the minimum term of the extended reporting period must be at least one year. An extended reporting period unlimited in time must be available.
Claims Settlement
Review requirements Reference Comments
Prompt Payment of Claims §§542.051 - 542.061, Insurance Code Prompt payment of claims. (1st Party Coverage - "Pay to," "indemnify," or "reimburse" the insured. Not "pay on behalf of.")
Notice of Settlement of Liability Claims §§542.151 - 542.154, Insurance Code Notice of settlement of claim under casualty insurance policy. EXCEPTION - This article does not apply to a casualty policy that requires the insured's consent to settlement of a claim against the insured; or to fidelity, surety, or guaranty bonds.
Contractual Limitations Period - Suits §16.070, Civil Practice & Remedies Except as provided by Subsection (b), a person may not enter a stipulation, contract, or agreement that purports to limit the time in which to bring suit on the stipulation, contract, or agreement to a period shorter than two years. A stipulation, contract, or agreement that establishes a limitations period that is shorter than two years is void in this state. The Texas Third Court of Appeals issued an opinion that acknowledges that the language providing 2 years and 1 day from the date the cause of action first accrues satisfies the statutory requirement of §16.070, Civil Practices and Remedy Code. ( Case #03-08-00408-CV
Notice Requirements §16.071, Civil Practice & Remedies A contract stipulation that requires a claimant to give notice of a claim for damages as a condition precedent to the right to sue on the contract is not valid unless the stipulation is reasonable. A stipulation that requires notification within less than 90 days is void.
Providing Certain Claims Information On Request §§542.101-542.104, Insurance Code; and Commissioner's Bulletin No. B-0043-05 If a policy form or endorsement contains language addressing the request or furnishing of claims information, it would need to comply with the applicable statute(s).
Condominium Association
Review requirements Reference Comments
Condominium Association Commissioner's Bulletin No. B-0014-97 If filing is for a condominium association, it must comply with requirements set forth in Commissioner's Bulletin No. B-0014-97.
Coverage Issues
Review requirements Reference Comments
Additional Insured Provisions Chapter 151, Insurance Code (HB 2093, 82nd Legislative Regular Session) Affects indemnification agreements and additional insured provisions in certain construction contracts. Refer to this chapter to ensure compliance.
Anti-Stacking Provisions Chapter 2301, Insurance Code
  • "Other insurance" clauses or similar provisions should not contain "anti-stacking" or "non-cumulation" language that excludes or limits coverage in other separate but applicable policies that are issued by the same company, affiliated companies, or by other unaffiliated companies.
  • It is permissible to state whether the coverage in one policy is primary or excess over other applicable policies, or to coordinate limits in proportion to total limits available in applicable policies.
  • TDI will consider for approval anti-stacking language if:
    • the anti-stacking provision is limited to the same "occurrence" and the other coverages are in the same policy or package issued by the same company.
    • the anti-stacking provision is on a separate endorsement, is limited to the same "occurrence," and
      • the company issued the policy for different operations or locations, and intended that only one policy limit apply to prevent unintended duplication of coverage for which no premium has been paid, and the applicable operations and locations are scheduled on the endorsement; or
      • the company or affiliated companies issued separate policies and the applicable policies are scheduled on the endorsement.
  • Before TDI can approve anti-stacking language, the company must provide appropriate rate consideration and rate analysis. A "rate analysis" is the company's actuarial justification for the rate consideration given, or not given, for use of the exclusion or limitation. This would include the reasons for the amount of any rate credit or the justification for the position that no rate credit is given.
Continuous or Repeated Trigger / Revised Definition of Occurrence Chapter 2301, Insurance Code If the coverage form or endorsement contains a provision amending the insuring agreement or the definition of occurrence to limit or eliminate coverage for continuous or repeated trigger losses, the restriction must be limited to that injury or damage "KNOWN" to the insured.
Examination Under Oath Chapter 2301, Insurance Code
§151.001(a)(7), Texas Family Code
If policy language requires examination under oath, the provision must also state that a parent or guardian may be present during any examination of a minor.
Pesticide/Herbicide Applicator Coverage Chapter 2301, Insurance Code and Chapter 1951.312, Texas Occupational Code

If Pesticide/Herbicide applicator coverage provided, must attach endorsement containing wording equivalent to CG 01 56.

To view the form, go to the SERFF Filing Access webpage and click the “Begin Search” button. Use SERFF Tracking Number ISOF-128441794.

Tie-In Sales Chapter 1806, Insurance Code & 6/1/78 Board Letter Tie-in sales may violate state law.
Review requirements Reference Comments
Abuse, Physical Abuse or Molestation Exclusions Chapter 2301, Insurance Code Definition of "abuse" in abuse, physical abuse, or molestation exclusion must be included. Must include wording, "For purposes of this endorsement, abuse means an act which is committed with the intent to cause harm".
Transmissible Spongiform Encephalopathy (TSE) Exclusions Chapter 2301, Insurance Code Exclusions for TSE, including all variations of the disease, must be limited to the following: Insureds that 1) import or distribute imported meat, meat by-products or any other bovine part or products containing bovine parts for resale; 2) utilize imported meat, meat by-products, blood or any other bovine part in their manufacturing or processing, or in any product that is injected, applied topically or ingested by humans or any other animal; or 3) operate in the chain of commerce (including but not limited to handling, processing, distributing, selling, or serving) for deer or elk, whether imported or not.
Fully Earned Premium/Retention of Minimum Earned Premium
Review requirements Reference Comments
Fully Earned Premium / Retention of Minimum Earned Premium Chapter 2251 & Chapter 2301, Insurance Code and 28 TAC §5.9320, Texas Administrative Code TDI will consider approving fully earned premium only for risks with exposure during a period certain, such as special events and weather policies.

TDI will consider approving minimum earned premium only if it is a nominal amount.

The company must file appropriate rates associated with a minimum or fully earned premium.
General Change Endorsements
Review requirements Reference Comments
May Not Manuscript Coverage Once Approved Chapter 2301, Insurance Code Coverage forms are prior approval. Change endorsements may be used to change insured address, etc. but may not be used to change, alter or "clarify" coverage in any way. Company must provide verification that the endorsement will not be used to change, alter, or clarify coverage.
State Endorsements
Review requirements Reference Comments
Texas Changes - Airport Liability Endorsement Chapter 2101 and Chapter 2301, Insurance Code 

If using ISO forms, rules and rates, endorsement containing wording similar to CG 01 01 should be attached to all policies covering airport risks. 

To view the form, go to the SERFF Filing Access webpage and click the “Begin Search” button. Use SERFF Tracking Number ARGN-130122427.

Texas Changes - Conditions Requiring Notice Board Order No. 23080

Endorsement containing wording similar to CG 01 03 should be attached to all policies. 

To view the form, go to the SERFF Filing Access webpage and click the “Begin Search” button. Use SERFF Tracking Number USLI-130680048.

Rebating or Discrimination
Review requirements Reference Comments
Rebating or Discrimination Chapter 1806, Insurance Code Inducements prohibited.
Political Affiliation and Expression Chapter 544, Subchapter M, Insurance Code Except as provided by Section 544.603, a person may not refuse to insure or provide coverage to an individual, refuse to continue to insure or provide coverage to an individual, limit the amount, extent, or kind of coverage available for an individual, or charge an individual a rate that is different from the rate charged to other individuals for the same coverage because of the individual's political affiliation or expression.
Toll Free Information
Review requirements Reference Comments
Notice of Policyholder Complaint Procedures §521.005, Insurance Code A brief written notice of suggested procedure to be followed by the policyholder in the event of a dispute concerning a policyholder's claim or premium.
Toll-Free Information & Complaint Number §§521.051 - 521.056, Insurance Code Toll-Free number for the Texas Department of Insurance.
Insurer's Toll-Free Information & Complaint Number §§521.101 - 521.103, Insurance Code Insurer's requirement to maintain toll-free number to provide information concerning policies issued by the insurer and to accept complaints from policyholder. Article contains an exception for insurers whose gross initial premium receipts collected in this state are less than $2 million a year or to an insurer with regard to fidelity, surety, or guaranty bonds.
Notice of Toll-Free Telephone Numbers and Information & Complaint Procedures 28 TAC §1.601 & §1.602, Texas Administrative Code and Commissioner’s Order 3952 To satisfy requirements for §521.005, §§521.051 - 521.056, and §§521.101 - 521.103 noted above.


Filing Standards
Review requirements Reference Comments
File & Use Chapter 2251, Insurance Code Each insurer shall file with the Commissioner all rates, supplementary rating information, and reasonable and pertinent supporting information for risks written in this state.
Elimination of (a) Rates Commissioner's Bulletin No. B-0022-95 Chapter 2251 does not provide for the filing of rates on an individual basis. Each insurer shall file with the Commissioner all rates, supplementary rating information, and reasonable and pertinent supporting information for risks written in this state.


Filing Standards
Review requirements Reference Comments
File & Use Chapter 2301 & Chapter 2251, Insurance Code Manual rules should reflect specific requirements for usage of policy forms, endorsements, and disclosures.


Filing Standards
Review requirements Reference Comments
Fees for Paper Checks Prohibited §116.002, Business and Commerce Code An insurer or agent may not charge a fee for issuing payment via a paper check.

For more information, contact:

Last updated: 3/17/2022