28 TAC §§5.9801, 5.9804, 5.9805, 5.9806
The Texas Department of Insurance proposes amendments to
§§5.9801, 5.9804, 5.9805, and 5.9806 concerning temporary rate reductions
for certain lines of insurance. The amendments are necessary to update Subchapter
R (Temporary Rate Reduction for Certain Lines of Insurance) to apply to rates
for policies issued on or after the effective date of the amendments. Subchapter
R was enacted to implement Article 5.131 of the Texas Insurance Code which
requires the commissioner of insurance to hold a hearing on or before September
1 of each year to determine the percentage of equitable across-the-board reductions
in insurance rates required of insurers writing lines and sublines of insurance
addressed in Article 5.131.
(To comply with the Texas Register's restrictions on rule number length
detailed in 1 TAC §91.19, effective April 16, 1999, the Texas Register
administratively transferred the sections in Chapter 5, as detailed in the
April 16, 1999, Texas Register, 24 TexReg
3092, 3124. Therefore,
the sections of Subchapter R previously numbered 5.14000-5.14011 are now numbered
5.9800-5.9811.)
Subchapter R, §§5.9800-5.9811 concern the mandatory temporary
rate reductions for certain lines of insurance which are required by Article
5.131. The sections set forth the calculation and application of the amount
of the rate reduction for certain lines of insurance for insurers to pass
through to policyholders, on a prospective basis, the reduction in loss and
allocated loss adjustment expense anticipated from tort reform legislation
enacted by the 73rd and 74th Texas Legislatures. Department staff proposes
that §§5.9800-5.9811 continue in effect with changes only to §§
5.9801, 5.9804, 5.9805, and 5.9806.
The proposed amendments to §5.9801 modify the definition of "large
risk" to make this definition consistent with the definition of "large risk"
contained in Texas Insurance Code, Article 5.13-2, §8(f), as modified
by the 75th Texas Legislature, effective September 1, 1997. The proposed amendments
to §§ 5.9804 and 5.9805 change the amount of loss and allocated
loss adjustment expenses (ALAE) reduction percentages applicable to specified
lines of insurance (§5.9804) and the instructions for the calculation
and application of rate reduction factors and for filing forms with the Department
regarding the rate reduction factors as applied to policies effective in 2000
(§5.9805). The proposed amendment to §5.9806 corrects a reference
to another section of the rule.
As required by Article 5.131, the commissioner will make a final determination
whether §§5.9800-5.9811, and particularly the loss and ALAE reduction
percentages set forth in §5.9804, should be amended based on evidence
adduced at a public hearing to be held for this purpose on August 25, 1999,
and on public comment to this proposal. Oral testimony and written comments
and evidence submitted at the August 25 hearing will be considered as part
of the record pertaining to these proposed amendments to §§ 5.9801,
5.9804, 5.9805 and 5.9806. There is no need to resubmit comments and data
submitted for the August 25 hearing; however, all parties are invited to submit
additional comments during the formal comment period.
The reduction percentages included in proposed §5.9804(c) are preliminary
percentages recommended by TDI staff to the commissioner. Staff's final recommendations
may vary. The percentages adopted by the commissioner may vary from staff's
recommendations based on evidence adduced at the hearing and/or comments received
regarding this proposal. Although a single percentage of reduction is included
in proposed §5.9804(c), for each line of insurance addressed in that
subsection, staff has prepared a recommended range of percentages. Information
regarding the scope of these ranges will be available from the Office of the
Chief Clerk, Texas Department of Insurance, or from TDI's web page at www.tdi.state.tx.us,
after August 13, 1999. Article 5.131, section 3(d), Texas Insurance Code,
provides that the effective date of a rule adopted under that article is the
90th day after the date the rule is adopted. The effective date stated in
the proposed amendments is January 1, 2000. However, that date may change
depending on the date on which any amendments are adopted.
C. H. Mah, associate commissioner for the Technical Analysis Division,
has calculated the fiscal impact for the year that the amended rule will be
in effect. Mr. Mah has determined that any impact will have occurred in the
first four years that Subchapter R has been in effect. Mr. Mah has also determined
that for the remaining year the proposed rate reductions will be in effect,
there will be no fiscal implications to local government as a result of enforcing
or administering the sections. There will be no detrimental effect on local
employment or the local economy as a result of the proposal.
Mr. Mah has also calculated the public benefit and cost anticipated for
the first five years that the amended rule is in effect. Any such effect will
be felt only for the period that policies affected by these sections are in
effect. The full impact of the rule was addressed when the sections were originally
proposed in 1995. Mr. Mah has determined that the public benefit as a result
of the sections will be the reduction in rates charged by insurers for certain
lines of insurance affected by tort reform legislation. Consumers will experience
savings in insurance premiums as a result of implementation of the proposal.
The amount of premium savings to the consumer will vary depending on the type
of coverage the person has, the amount of the deductible, the type of company
the person is insured by and similar factors.
The largest cost of compliance will have occurred in 1995 and 1996 when
insurers reprogrammed their computer systems to account for the rate reduction
factors. The estimated cost of compliance with the proposed sections to insurers
that write the lines of insurance affected by these sections will vary depending
upon various factors including, but not limited to, the following: the size
of the company; the type of company; whether the company is a rate regulated
or non-rate regulated insurer; the type of risk written by the insurer; the
number of affected lines of insurance written by the company; the volume of
premium dollars the insurer writes for the lines of insurance affected; the
type and extent of computer resources used by the company; and the type of
data collection the insurer maintains. The proposed amendments are not expected
to result in substantial additional costs. The primary costs to insurers from
this proposal will be the costs involved in filing the forms required by these
sections and in modifying computer programs to reflect the reduction percentages
adopted by the commissioner. Because of the variables involved, the costs
to each insurer of complying with the rule may vary considerably. A non-rate
regulated company writing only one affected line or subline of insurance may
incur a cost as little as $100, which is the cost of filing a single form.
On the other hand, a rate-regulated company writing lines or sublines of insurance
which require more complex calculations to implement the tort reform adjusted
rates, such as commercial umbrella, may incur a cost of up to $5,000, per
line or subline. The total cost to a company will depend on whether it is
rate regulated or non-rate regulated, the number of affected lines it writes,
and the nature of the coverages for those lines. The assumptions on which
these costs are based may change substantially as the department receives
data during the comment period.
Mr. Mah has further determined that the rule will not have an adverse economic
effect on small businesses because those insurance companies that would qualify
as "small" businesses within the meaning of Government Code §2006.002
do not issue liability policies that would be subject to the proposed sections.
The companies affected by this rule either have a national premium income
of $1 million or more, or are not "independently owned and operated." Therefore,
these companies do not qualify as small businesses within the meaning of Government
Code §2006.002. This conclusion was based on a search of information
maintained by TDI. This search revealed that there are 81 insurance companies
with national premium revenue below $1 million. Of these companies, 42 are
either a subsidiary of another company, a reinsurer, not writing new business,
or not writing affected lines. Of the remaining 39 companies, 14 are farm
mutuals. Farm mutuals are governed by Insurance Code, Chapter 16 and can only
write property insurance and are therefore not affected by the proposed sections.
The remaining 25 companies have no written premium in Texas. Therefore, there
is no adverse or differential impact on small businesses as a result of the
proposed amendments.
Comments on the proposal must be submitted within 30 days after publication
of the proposed section in the
Texas Register
,
to Lynda H. Nesenholtz, General Counsel and Chief Clerk, Texas Department
of Insurance, P.O. Box 149104, Mail Code 113-2A, Austin, Texas 78714-9104.
An additional copy of the comment must be submitted to Ann Bright, Legal &
Compliance Division, Texas Department of Insurance, P.O. Box 149104, MC 110-1A,
Austin, Texas 78714-9104. The text of current §§5.9800, 5.9802,
5.9803, and 5.9807-5.9811 will not be republished in the
Texas Register
as part of this proposed rule because the department
proposes no changes to those sections. Interested parties may view the current
Subchapter R via the Internet at http://www.sos.state.tx.us/tac/28/I/5/R/index.html,
or obtain a copy from the Office of the Chief Clerk, Texas Department of Insurance.
These amendments are proposed under the Insurance Code, Articles
5.131 and 1.03A and Government Code, Article 2001.004. Article 5.131, enacted
by the 74th Texas Legislature, requires the commissioner to issue rules mandating
appropriate rate reductions for certain lines of insurance to pass through,
on a prospective basis, the savings that accrue from tort reform legislation
enacted in the regular sessions of the 73rd and 74th legislatures, and to
hold a hearing on such rules on or before September 1 of each of the years
prior to the years that the rates are to be in effect. Article 5.131 also
provides for the granting of administrative relief and the collection of data
to monitor compliance with the statute. Article 1.03A authorizes the commissioner
of insurance to promulgate and adopt rules and regulations for the conduct
and execution of the duties and functions of the department. Government Code
§§2001.004 et seq. authorizes and requires each state agency to
adopt rules of practice setting forth the nature and requirement of available
procedures and prescribes the procedures for adoption of rules by a state
administrative agency.
The following article is affected by this proposal: Insurance Code, Article
5.131
§5.9801.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context indicates otherwise.
(1)
(No change.)
(2)
Large risk--An insured that meets any of the following
criteria:
(A)
has total insured property values of $[
10
] 5
million or more;
(B)
has total annual gross revenues of $[
20
] 10
million or more;
(C)
has a total premium of $[
50,000
] 25,000
or more for property insurance, or
$[
50,000
] 25,000
or more for general liability insurance, or $
[
100,000
] 50,000
or more for multi-peril insurance; or
(D)
is eligible for a Large Risk Alternate Rating Option (LRARO),
large deductible plan, or any other rating plan which is negotiated with an
insured as allowed by rules and regulations promulgated by the Texas Department
of Insurance.
(3)-(8)
(No change.)
§5.9804. Loss and ALAE Reduction Percentages by Line.
(a)
(No change.)
(b)
A single loss and ALAE reduction percentage is used for
coverages written on an occurrence policy basis. Three loss and ALAE reduction
percentages are used for coverages written on a claims made policy basis effective
on or after January 1, 1996 but before January 1, 1997. Two loss and ALAE
reductions percentages (claims made policy percentages (1) and (3)) are used
for coverages written on a claims made policy basis effective on or after
January 1, 1997, but before January 1, 2000. One loss and ALAE reduction percentage
(claims made policy percentage 1) is used for coverages written on a claims
made policy basis effective on or after
the effective date of this rule.
(c)
The first loss and ALAE reduction percentages shown for
each line is applicable to policies effective on or after January 1, 1996
but before January 20, 1998; the second reduction percentage is applicable
to policies effective on or after January 20, 1998, but before January 1,
1999; the third reduction percentage is applicable to policies effective on
or after January 1, 1999
, but before January 1, 2000; the fourth reduction
percentage is applicable to policies effective on or after January 1, 2000,
but before January 1, 2001
:
(1)
private passenger automobile liabilty insurance for bodily
injury___ 7.5% / 11.4% / 11.4%
/ 11.4%
(2)
commercial automobile liability insurance for bodily
injury___ 12.0% / 13.5% / 17.0%
/ 17.0%
(3)
the liability portion
(A)
of homeowner's insurance___ 0% / 0% / 0%
/ 0%
(B)
of farm and ranch owner's insurance (for policies effective
prior to January 1, 1998)___10.0% / 10.0% / N/A
/ NA
(C)
of renter's insurance___0% / 0% / 0%
/ 0%
(4)
professional liability insurance as defined in
the Insurance Code, article 5.15-1 for:
(A)
physician, other health care provider-
(i)
claims made policy percentage 1___11.5% / 15.0% / 18.0%
/ 20%
(ii)
claims made policy percentage 2___3.5% / NA / NA
/ NA
(iii)
claims made policy percentage 3___8.5% / 12.8% / 16.6%
/ NA
(iv)
occurrence policy___11.5% / 15.0% / 18.0%
/ 20.0%
(B)
hospital
(i)
claims made policy percentage 1___15.0% / 17.0% / 24.0%
/ 24.0%
(ii)
claims made policy percentage 2___3.5% / NA / NA
/ NA
(iii)
claims made policy percentage 3___8.5% / 10.5% / 13.7%
/ NA
(iv)
occurrence policy___15.0% / 17.0% / 24.0%
/ 24.0%
(5)
commercial liability insurance for damages
arising out of the manufacture, design, importation, distribution, packaging,
labeling, lease, or sale of a product or for completed operations coverage
(products/completed operations)___12.5% / 18.0% / 23.0%
/ 23.0%
(6)
personal umbrella and excess liability insurance__7.5%
/ 12.5% / 12.5%
/ 12.5%
(7)
the liability portion of commercial multi-peril insurance
(A)
with a divisible premium, refer to §5.9805(d) of this
title (relating to Calculation and Application of Rate Reduction Factor)
(B)
with an indivisible premium, including businessowner's
policies___12.5% / 17.0% / 17.5% / 18.5%
(8)
the employer's liability portion of workers'
compensation insurance___0% / 0% / 0%
0%
(9)
commercial general liability, which includes premises
medical, fire, legal liability, personal advertising injury, contractual liability,
and liability for all premises___12.5% / 17.0% / 17.5%
/ 18.5%
(10)
commercial umbrella___18.0% / 30% / 30.0%
/
30.0%
(11)
commercial excess liability
(A)
general liability/commercial multiple peril___18.0% / 32%
/ 32.0%
/ 32.0%
(B)
commercial automobile___18.0% / 25.3% / 29.0%
/ 29.0%
(C)
products liability___18.0% / 20% / 23.0% / 23.0%
(D)
medical professional-physicians, other health care provider
(i)
claims made policy percentage 1___15.0% / 17.5% / 20%
/ 22.0%
(ii)
claims made policy percentage 2___4.5% / NA / NA
/ NA
(iii)
claims made policy percentage 3___11.5% / 15.9% / 18.9%
/ NA
(iv)
occurrence policy___15.0% / 17.5% / 20.0%
/ 22.0%
(E)
medical professional-hospitals-
(i)
claims made policy percentage 1___20.0% / 27.5% / 28.5%
/ 28.5%
(ii)
claims made policy percentage 2____4.5% / NA / NA
/ NA
(iii)
claims made policy percentage 3____11.5% / 12.5% / 15.7%
/NA
(iv)
occurrence policy___20.0% / 27.5% / 28.5%
/28.5%
(F)
other professional
(i)
claims made policy percentage 1___17.5% / 25.0% / 25.0%
/ 25.0%
(ii)
claims made policy percentage 2___0.5% / NA / NA
/ NA
(iii)
claims made policy percentage 3___17.0% / 9.0% / 11.4%
/ NA
(iv)
occurrence policy___17.5% / 25.0% / 25.0%
/ 25.0%
(12)
professional liability other than insurance
described by paragraph (4) of this section-
(A)
claims made policy percentage 1___12.0% / 20% / 20.0%
/ 20.0%
(B)
claims made policy percentage 2___1.0% / NA / NA
/ NA
(C)
claims made policy percentage 3___11.0% / 15.4% / 16.5%
/ NA
(D)
occurrence policy___12.0% / 20.0% / 20.0%
/ 20.0%
(13)
other commercial liability insurance, if not
already covered as a part of coverage in paragraph (9) of this section, when
written as a monoline coverage or added to another policy, including the following
lines and sublines:
(A)
fire legal liability___12.5% / 17.0% / 17.5%
/18.5%
(B)
contractual liability___12.5% / 17.0% / 17.5%
/18.5%
(C)
pollution liability
(i)
claims made policy percentage 1___6.0% / 12.5% / 22.0%
/ 22.0%
(ii)
claims made policy percentage 2___1.0% / NA / NA
/ NA
(iii)
claims made policy percentage 3___5.5% / 7.2% / 17.3%
/ NA
(iv)
occurrence policy___6.0% / 12.5% / 22.0%
/22.0%
(D)
owners and contractors protective liability___12.5% / 17.0%
/ 17.5%
/18.5%
(E)
railroad protective liability___12.5% / 17.0% / 17.5%
/18.5%
(F)
liquor liability
(i)
claims made policy percentage 1___12.5% / 17.0% / 17.5%
/18.5%
(ii)
claims made policy percentage 2___2.0% / NA / NA
/NA
(iii)
claims made policy percentage 3___8.0% / 11.0% / 13.3%
/ NA
(iv)
occurrence policy__12.5% / 17.0% / 17.5%
/18.5%
(G)
farm liability___12.5% / 17.0% / 17.5%
/18.5%
(H)
garage liability____6.0% / 17.0% / 17.5%
/18.5%
(I)
all other commercial liability lines and sublines___12.5%
/ 17.0% / 17.5%
/18.5%
(14)
the liability portion of farm and ranch owner's
insurance (for policies effective after January 1, 1998)___10% / 10% / 10.0%
/10.0%
§5.9805. Calculation and Application of Rate Reduction Factor.
(a)-(b)
(No change.)
(c)
For those lines and sublines other than those subject to
the Insurance Code, article 5.101, the claims made policy loss and ALAE reduction
percentages shall be used by each insurer to calculate the rate reduction
factor to be applied to claims made policy rates in effect on January 1, 1996
for the lines or sublines identified in §5.9804(c) of this title (relating
to Loss and ALAE Reduction Percentages by Line) according to the following
method:
(1)-(6)
(No change.)
(7)
The department adopts and incorporates herein by reference
, Form TR-3A-R Calculation of Tort Reform Impact, Claims Made Policies, and
Form TR-3B-R, Calculation of Rating Values, Claims Made Policies. The department
publishes a version of Forms TR-3A-R and TR-3B-R for policies effective in
each of the years 1996, 1997, 1998, [
and
] 1999, and
2000
.
These forms may be obtained from the Technical Analysis Division, Mail Code
105-5G, Texas Department of Insurance, 333 Guadalupe, P. O. Box 149104, Austin,
Texas 78714-9104.
(d)
(No change.)
(e)
For insurers writing any commercial liability or professional
liability lines or large risk, the rate reduction factor for the specific
line identified in §5.9804 of this subchapter (relating to Loss and ALAE
Reduction Percentages by Line) may be reduced by the individual tort reform
component specified in Form TR95, TR97, [
or
] TR98
, or TR99
Pricing Components by Tort Reform, if coverage for the specific tort
reform identified in Form TR95, TR97, [
or
] TR98
, or TR99
is specifically excluded from the policies. Insurers shall be required to
file a certification form, developed by the department, that indicates the
rate reduction factor used, the specific individual tort reform components
used to reduce the factor, the premium volume affected, and such other information
determined by the department. The department adopts and incorporates herein
by reference Forms TR95, TR97, [
or
] TR98
, and TR99
,
Pricing Components by Tort Reform. These forms are published by the Texas
Department of Insurance and may be obtained from the Technical Analysis Division,
Mail Code 105-5G, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104,
Austin, Texas 78714-9104.
(f)-(g)
(No change.)
§ 5.9806. Duration.
The rate reduction factor shall remain in effect as to any policy providing
coverage for any of the lines or sublines identified in § 5.9804(c)(1)-[
(13)
]
(14)
of this title (relating to Loss and ALAE Reduction
Percentages by Line) during the term of the policy. Renewal of the policy
shall be subject to the rate reduction factor in effect on the effective date
of the renewal. Endorsements shall be subject to the rate reduction factor
in effect on the effective date of the endorsement, unless otherwise required
by the department's promulgated or approved rating manual.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904717
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-6327