TEXAS DEPARTMENT OF INSURANCENotification Pursuant to the Insurance Code, Chapter 5, Subchapter LAs required by the Insurance Code, Article 5.96 and 5.97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board of Insurance adopts the proposal. The Administrative Procedure Act, the Government Code, Chapters 2001 and 2002, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714- 9104.) This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. ADOPTED The Commissioner of Insurance at a public hearing held under Docket Number 2293 on June 24, 1997, at 10:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments to the Texas Personal Lines Manual (Manual) to provide deductible adjustment charts for determining premium credits for optional large deductibles for coverage afforded under a dwelling policy, farm and ranch policy, and farm and ranch owners policy. The amendments were proposed by Department staff in a petition filed on May 14, 1997. Notice of the proposal (Reference Number P-0597-13-I) was published in the May 20, 1997, issue of the Texas Register (22 TexReg 4375 and 4393). The Commissioner adopted the proposal without changes to the proposal as noticed in the Texas Register. The new optional large deductible adjustment charts are added to the Dwelling, Farm and Ranch, and Farm and Ranch Owners sections of the Manual to be used in determining the appropriate premium credits when optional large deductibles are selected for a dwelling policy, farm and ranch policy, or farm and ranch owners policy. The charts also provide instructions for applying the specified deductible adjustment premium credits to determine the appropriate policy premium. The deductible adjustments for determining premium credits for optional large deductibles for the homeowners policy were determined at the Residential Property Insurance Benchmark Rate Hearing held on December 20-21, 1995 under Docket Number 454-95-1280.G (Commissioner's Order Number 96-1047 effective October 1, 1996). Need for the Credits. The Commissioner under Commissioner's Order Number 95-1084 (October 17, 1995), adopted rules (Rule 7 under the General Requirements Section V, Deductibles Subsection D) in both the Homeowners and the Farm and Ranch Owners sections of the Manual to provide for optional large deductibles of 1.5%, 2.0%, 2.5%, 3.0%, 4.0% and 5.0% of the limit of liability of Coverage A (Dwelling) under the homeowners policy forms and the farm and ranch owners policy forms. The Commissioner under Commissioner's Order Number 95-1284 (December 8, 1995) adopted rules (Rule 5 in the Dwelling Section of the Manual under the General Requirements Section V, Deductibles Subsection D) to provide for optional large deductibles of 1.5%, 2.0%, 2.5%, 3.0%, 4.0% and 5.0% of the limit of liability for each item of insurance shown on the declarations page of the dwelling policy forms and (Rule 6 in the Farm and Ranch Section of the Manual under General Requirements Section V, Deductibles Subsection D) to provide for optional large deductibles of 1.5%, 2.0%, 2.5%, 3.0%, 4.0% and 5.0% of the limit of liability for each item of insurance shown on the declarations page of the farm and ranch policy forms and on the declarations page of any endorsement attached to the farm and ranch policy forms. These rules did not include the deductible adjustment premium credits for the optional large deductibles. Pursuant to Commissioner's Order Numbers. 95-1084 and 95-1284, the Commissioner determined that the applicable premium credits for the optional large deductibles should be determined at the next annual residential benchmark rate hearing and that the optional large deductibles would be effective for all applicable policies issued on and after the effective date of the benchmark rates determined pursuant to that hearing. The benchmark rate hearing was held on December 20-21, 1995, under Docket Number 454-95-1280.G. Evidence for the determination of the appropriate premium credits for optional large deductibles to the homeowners policy was presented at that hearing, and pursuant to Commissioner's Order Number 96-1047, the optional large deductibles and the premium credits for Coverage A (Dwelling) under the homeowners policy became effective on October 1, 1996. No evidence, however, was presented at that hearing for the appropriate premium credits for optional large deductibles for a dwelling policy, farm and ranch policy, or farm and ranch owners policy. The Commissioner was therefore unable to promulgate deductible adjustment premium credits for dwelling, farm and ranch, and farm and ranch owners policies as part of the residential property insurance benchmark rate matters. As a result, the Commissioner has determined that these optional large deductibles are necessary and in the public interest to enable insureds to select any of these large deductibles when purchasing dwelling, farm and ranch, or farm and ranch owners policies. The Commissioner has further determined that it is necessary, appropriate, and in the public interest to consider and to adopt these premium credits under Article 5.96 of the Insurance Code, as part of the Manual rules governing the writing of optional large deductibles for dwelling, farm and ranch, and farm and ranch owners policies. In addition, because the adopted decreases in premium correspond to a decrease in coverage, these deductible adjustment premium credits do not affect the residential property insurance benchmark rates in effect for the dwelling, farm and ranch, and farm and ranch owners policies. The new deductible adjustment charts will only be used to determine premium credits when an insured chooses one of the optional large deductibles. Methodology to Determine Credits. The Commissioner has determined that the methodology and actuarial principles used by staff to determine the adopted premium credits are sound and that the adopted credits are just and reasonable. (i) Dwelling policy and farm and ranch policy. The same methodology was used to determine the credits for optional large deductibles for the dwelling policy and the farm and ranch policy. For each type of policy, staff used claims experience data for the deductibles of $250, $500, and 1.0% for Coverage A (Dwelling) and $500 and 1.0% for Coverage B (Personal Property). This data was then adjusted on a per claim basis to a 1.0% deductible. The data was similarly adjusted to a 1.5%, 2.0%, 2.5%, 3.0%, 4.0%, and 5.0% deductible. This enabled staff to calculate credits based on claims experience to be applied to losses for each optional large deductible. These loss credits were then graduated using a moving weighted average and fitted to a curve. The optional large deductible loss credits developed using claims experience were then converted to a premium credit based on the latest benchmark expenses for Additional Extended Coverage. The resulting credits were rounded to the nearest whole percent. After weighing the credibility of the data for coverage amounts of approximately $160,000 and over, the staff selected maximum premium credits based on their best estimates for these high coverage amounts. This was done by drawing a straight line from the point of the coverage amount to the point of the maximum credit, instead of relying upon the curve to which the coverage amounts of less than $160,000 was fitted. (ii) Farm and ranch owners policy. Because of limited direct experience for the farm and ranch owners policy, staff adjusted the deductible credits that were adopted effective October 1, 1996, for homeowners coverage to develop the deductible premium credits for the farm and ranch owners policy. Staff considered the differences between a homeowners policy and a farm and ranch owners policy in expenses and in the percentage of liability losses (which are not subject to deductible) in making these adjustments. The premium credits, in accordance with Article 5.96(i) of the Insurance Code, are effective 15 days after notice of the adoption is published in the Texas Register. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.101, 5.96, and 5.98. The amendments as adopted by the Commissioner of Insurance are on file in the Chief Clerk's Office of the Texas Department of Insurance under Reference Number P-0597-13-I and are incorporated by reference by Commissioner's Order Number 97- 0714. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, ch. 2001). Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, the Texas Department of Insurance will notify all insurers affected by this action. This agency hereby certifies that the adopted amendments have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 15, 1997. TRD-9709238 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 16, 1997