Updated 11/16/2021 - Return to Index
Refer to Property & Casualty Filings Made Easy for required documentation.
Forms
| 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. |
| Identity Theft Insurance | §§706.001 - 706.005, Insurance Code | Coverage may be: (1) offered as a separate insurance policy or as a rider or endorsement to: (A) a residential and commercial property insurance policy; or (B) a personal or commercial casualty insurance policy; and (2) underwritten and issued as an individual or group insurance policy. If offered as a rider or endorsement, requirements follow the requirements found in the corresponding monoline checklists. |
| 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 | Voluntary, post dispute arbitration only. May be either binding or non-binding. |
| Review requirements | Reference | Comments |
|---|---|---|
| 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 a certificate holders or 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. |
| Review requirements | Reference | Comments |
|---|---|---|
| Texas Laws Govern Policies | Article 21.42, Insurance Code | Texas must be choice if filing contains choice of law provision. |
| Review requirements | Reference | Comments |
|---|---|---|
| Prompt Payment of Claims | §§542.051 - 542.061, Insurance Code | Prompt payment of claims. |
| Contractual Limitations Period - Suits | §16.004, Civil Practice & Remedies | Legal action, 4 years if purpose is to pay debt owed. |
| 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. (www.search.txcourts.gov/Case.aspx?cn=03-08-00408-CV) 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). |
| Review requirements | Reference | Comments |
|---|---|---|
| 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. |
| Examination Under Oath | Chapter 2301, Insurance Code §151.001(a)(7), 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. |
| Tie-In Sales | Chapter 1806, Insurance Code & 6/1/78 Board Letter | Tie-in sales may violate state law. |
| 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. |
| 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. |
| Review requirements | Reference | Comments |
|---|---|---|
| Rebating or Discrimination | Chapter 1806 & Article 5.41, 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. |
| 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. |
Rates
| 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. |
Rules
| 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. |
Fees
| Review requirements | Reference | Comments |
|---|---|---|
| Fees for certain payment methods | §116.002, Business and Commerce Code | An insurer or agent may not charge a fee for issuing payment via a paper check. |