Texas Department of Insurance
Proposed Action
The Commissioner of Insurance at a public hearing under Docket Number 2411
scheduled for July 27, 1999 at 9:00 a.m., in room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a staff petition. Staff's petition seeks adoption of amendments
for residential property Endorsements, HO-190, Texas Homeowner Policy Sworn
Statement In Proof Of Loss, and TDP-014, Texas Dwelling Policy Sworn Statement
In Proof Of Loss. Staff's petition (Reference Number P-0699-08-I), was filed
on June 9, 1999.
The above-prescribed forms utilize pre-printing of the century so that
the year can be completed by supplying the last two digits. These forms have
places where dates are to be supplied and they use "19__."
Staff proposes to amend Endorsements HO-190 Texas Homeowners Policy Sworn
Statement in Proof Of Loss and TDP-014 Texas Dwelling Policy Sworn Statement
to delete "_______________ ,19__" and replace with "_______________ , ____."
(Month) (Year)
A copy of the petition, including an exhibit with the full text of the
proposed amendments to the endorsements is available for review in the office
of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street,
Austin, Texas. For further information or to request copies of the petition,
please contact Sylvia Gutierrez at (512) 463-6327; refer to (Reference Number
P-0699-08-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the Texas Register, to the Office
of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A,
Austin, Texas, 78714-9104. An additional copy of comments is to be submitted
to David Durden, Deputy Commissioner, Automobile and Homeowners Division,
Texas Department of Insurance, P.O. Box 149104, MC 104-5A. Austin, Texas,
78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts it from requirement of the Government Code, Chapter 2001 (Administrative
Procedure Act).
TRD-9903530
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 14, 1999
The Commissioner of Insurance ("Commissioner") at a public hearing under
Docket Number 2407 on June 11, 1999, held at 10:00 a.m., in Room 100 of the
William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin,
Texas, adopted amendments to the Texas Commercial Lines Statistical Plan as
proposed by the staff of the Texas Department of Insurance ("TDI").
The amendments proposed are to: make revisions to company reporting instructions
to correct the name and address of TDI's Commercial Lines Statistical Agent;
require that unused portions of numeric and alphanumeric fields be zero filled;
require that insurers report data via diskette in ASCII fixed-length format
only; remove references to Annual Statement Line 25 (Glass); add a footnote
for Commercial Automobile Employer's Non-ownership classes to indicate that
these classes are not applicable for Liability Assigned Risks; update General
Liability Premises & Operations and Products & Completed Operations
classes, exposure bases and codes; add ISO Texas Fire Subline Codes; modify
descriptions for Time Element coverage codes on run-off transactions; add
Basic Group II construction definitions and rating categories; clarify that
construction definitions and classes for all coverages other than those including
wind should reflect fire construction criteria; add class codes for Bobtail
and Deadhead coverages as part of Special Types; add class codes for Commercial
Automobile Special Types under Leasing and Rental Concerns and for short term
motorcycles, motorbikes and similar vehicles; add a class code under Commercial
Automobile Special Types for Rental Car Companies; and make minor editorial
changes to various fields and statistical codes for clarification purposes.
Staff's petition (Reference Number P-0499-04-I) proposing the amendments was
filed with the TDI Chief Clerk on April 19, 1999, and notice of the filing
was published in the April 30, 1999 issue of the
Texas Register
(24 TexReg 3361). Notice of the rescheduled hearing
date was published on May 14, 1999 (24 TexReg 3779).
The Commissioner adopted all of the amendments described herein at the
June 11, 1999 public hearing.
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.96 and 21.69. The Insurance Code, Articles 5.96 and 21.69
authorize the filing of this petition. Article 5.96 authorizes the Commissioner
to prescribe, promulgate, adopt, approve, amend, or repeal standard and uniform
manual rules, rating plans, classification plans, statistical plans and policy
and endorsement forms for homeowners and dwellings insurance. Article 21.69
authorizes the Commissioner to contract with or designate a statistical agent
to gather data from reporting insurers under a statistical plan and to adopt
rules necessary to accomplish the purposes of that article.
The amendments as adopted by the Commissioner are filed with the TDI Chief
Clerk under Reference Number P-0499-04-I and are incorporated by reference
by Commissioner's Order 99-0856.
Consistent with the Insurance Code, Article 5.96(h), prior to the effective
date of this action, TDI will notify all insurers writing the affected lines
of insurance in this state. This notification is made pursuant to the Insurance
Code, Article 5.96, which exempts action taken under this article from the
requirements of the Administrative Procedure Act (Government Code, Title 10,
chapter 2001).
IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments
to the Texas Commercial Lines Statistical Plan as described herein, be adopted
to be effective for reporting for all affected insurers on July 1, 1999.
TRD-9903601
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 16, 1999
The Commissioner of Insurance ("Commissioner") at a public hearing under
Docket Number 2408 on June 11, 1999, held at 10:00 a.m., in Room 100 of the
William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin,
Texas, adopted amendments to the Texas Statistical Plan for Residential Risks
("Stat Plan") as proposed by the staff of the Texas Department of Insurance
("TDI").
The amendments proposed are to: add a field and statistical codes for the
Texas Windstorm Insurance Association ("TWIA") Building Code Credits; add
additional Optional Credits statistical codes for Dwelling coverage; add a
field and statistical codes for Law and Ordinance Coverage; remove the Texas
Place Code Listing from the Stat Plan and reference it as a separate document;
and make minor editorial changes to various fields and statistical codes for
clarification purposes. Staff's petition (Reference Number P-0499-05-I) proposing
the amendments was filed with the TDI Chief Clerk on April 19, 1999, and notice
of the filing was published in the April 30, 1999 issue of the
Texas Register
(24 TexReg 3361). Notice of the rescheduled hearing
date was published on May 14, 1999 (24 TexReg 3779)
The Commissioner adopted all of the amendments described herein at the
June 11, 1999 public hearing.
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.96 and 21.69. The Insurance Code, Articles 5.96 and 21.69
authorize the filing of this petition. Article 5.96 authorizes the Commissioner
to prescribe, promulgate, adopt, approve, amend, or repeal standard and uniform
manual rules, rating plans, classification plans, statistical plans and policy
and endorsement forms for homeowners and dwellings insurance. Article 21.69
authorizes the Commissioner to contract with or designate a statistical agent
to gather data from reporting insurers under a statistical plan and to adopt
rules necessary to accomplish the purposes of that article.
The amendments as adopted by the Commissioner are filed with the TDI Chief
Clerk under Reference Number P-0499-05-I and are incorporated by reference
by Commissioner's Order 99-0857.
Consistent with the Insurance Code, Article 5.96(h), prior to the effective
date of this action, TDI will notify all insurers writing the affected lines
of insurance in this state.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts action taken under this article from the requirements of the
Administrative Procedure Act (Government Code, Title 10, chapter 2001).
IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments
to the Texas Statistical Plan for Residential Risks as described herein, be
adopted to be effective for reporting for all affected insurers on July 1,
1999.
TRD-9903600
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 16, 1999
The Commissioner of Insurance ("Commissioner") at a public hearing under
Docket Number 2409 on June 11, 1999, held at 10:00 a.m., in Room 100 of the
William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin,
Texas, adopted amendments to the Texas Statistical Plan for Residential Risks
("Stat Plan") as proposed by the American Insurance Association (AIA) with
changes recommended by staff of the Texas Department of Insurance ("TDI").
The amendments proposed by AIA and TDI staff recommendations in response
to these proposals are as follows: (1) AIA proposed to limit reporting requirements
for>
for hail-resistant roofs. TDI agrees that the reporting requirements should
apply only to those polices which actually receive a hail-resistant roof premium
credit, however, this information should be required of all policies which
receive a hail-resistant roof premium credit rather than new policies only.
This level of detail has been determined by TDI's Chief Property & Casualty
Actuary to be the minimum information that can be collected in order to price
such premium credits in the future. (2) AIA proposed that a roof construction
category called "metal" be added and that categories "aluminum", "steel",
and "copper" be eliminated. Staff recommended, and it is adopted, that "aluminum",
"steel", and "copper" remain in the Stat Plan for those that choose to use
them and that an additional roof construction category called "metal (specific
type unknown)" be added for those that can't identify the specific type of
metal material. (3) AIA proposed that roof construction categories "recycled
roofing products" and "single ply membrane systems" be deleted based on their
experience that most homeowners will not be able to identify these roof types.
Staff recommended, and it is adopted, that since these roof types are currently
being used by some, that they remain in the Stat Plan for those companies
that are able to distinguish and report these categories. One written comment
was received from the Office of Public Insurance Counsel in favor of the recommendations
made by TDI staff to AIA's proposals. AIA's petition (Reference Number P-0499-03)
proposing the amendments was filed with the TDI Chief Clerk on April 19, 1999,
and notice of the filing was published in the April 30, 1999 issue of the
The Commissioner adopted the amendments described herein, with staff recommendations
incorporated, after taking this matter under advisement at the June 11, 1999
public hearing.
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.96 and 21.69. The Insurance Code, Articles 5.96 and 21.69
authorize the filing of this petition. Article 5.96 authorizes the Commissioner
to prescribe, promulgate, adopt, approve, amend, or repeal standard and uniform
manual rules, rating plans, classification plans, statistical plans and policy
and endorsement forms for homeowners and dwellings insurance. Article 21.69
authorizes the Commissioner to contract with or designate a statistical agent
to gather data from reporting insurers under a statistical plan and to adopt
rules necessary to accomplish the purposes of that article.
The amendments as adopted by the Commissioner are filed with the TDI Chief
Clerk under Reference Number P-0499-03 and are incorporated by reference by
Commissioner's Order 99-0858.
Consistent with the Insurance Code, Article 5.96(h), prior to the effective
date of this action, TDI will notify all insurers writing the affected lines
of insurance in this state.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts action taken under this article from the requirements of the
Administrative Procedure Act (Government Code, Title 10, chapter 2001).
IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the amendments
to the Texas Statistical Plan for Residential Risks as described herein, be
adopted to be effective for reporting for all affected insurers on July 1,
1999.
TRD-9903599
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 16, 1999
Adopted Actions