TITLE exempt-filings

Texas Department of Insurance

Final Action on Rules

EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96 ADOPTION OF AMENDMENTS TO THE TEXAS AUTOMOBILE RULES AND RATING MANUAL, NEW ENDORSEMENT TE 99 87, EXCLUSION OF ACTS OF TERRORISM AS DEFINED IN THE FEDERAL TERRORISM RISK INSURANCE ACT OF 2002, AND NEW ENDORSEMENT TE 99 88, CAP ON LOSSES FROM ACTS OF TERRORISM PURSUANT TO THE FEDERAL TERRORISM RISK INSURANCE ACT OF 2002

The Commissioner of Insurance is adopting amendments proposed by Staff to the Texas Automobile Rules and Rating Manual (the Manual), by adding new Endorsement TE 99 87, Exclusion of Acts of Terrorism as Defined in the Federal Terrorism Risk Insurance Act of 2002, and new Endorsement TE 99 88, Cap on Losses from Acts of Terrorism Pursuant to the Federal Terrorism Risk Insurance Act of 2002. The purposes of these amendments are to provide a possible option for commercial automobile policyholders with respect to the terrorism risk insurance coverage that is required to be made available by insurers pursuant to the Terrorism Risk Insurance Act of 2002 (the federal Act), and to disclose to commercial automobile policyholders that the Texas Department of Insurance-promulgated commercial automobile policy forms containing coverage for acts of terrorism are subject to the cap on liability for payment for insured losses pursuant to the federal Act. Staff’s petition (Ref. No. A-0203-04-I) was published in the February 28, 2003 issue of the Texas Register (28 TexReg 1901).

An insurer may offer Endorsement TE 99 87, Exclusion of Acts of Terrorism as Defined in the Federal Terrorism Risk Insurance Act of 2002, to each applicant or insured regarding the commercial automobile policies named in the endorsement.

Endorsement TE 99 88, Cap on Losses from Acts of Terrorism Pursuant to the Federal Terrorism Risk Insurance Act of 2002, may be attached to the promulgated commercial automobile policies that provide terrorism insurance coverage.

Commissioner’s Bulletin No. B-0074-02, concerning the federal Act, sets forth in pertinent part:

The Act preserves the Texas Department of Insurance's (Department) jurisdiction and regulatory authority over rates and forms except for the period from the date of enactment of the Act through December 31, 2003, rates and forms for certain terrorism coverage shall not be subject to prior approval or a waiting period. However, it should be noted that this exception to Texas' filing laws applies only to coverage that is applicable to losses covered under the Federal program. As a means of providing policyholders with an option respecting the coverage made available under the Act, the Department will consider endorsements excluding coverage for acts of terrorism as defined by the Act. The Act preserves the Department's authority to disapprove any rates pertaining to such losses if it finds them to be excessive, inadequate or unfairly discriminatory.

To the extent that the promulgated commercial automobile policies provide coverage for acts of terrorism and in accord with Insurance Code Article 5.06, there is a need to promulgate the endorsements as a means of providing policyholders a possible option with respect to the coverage made available under the federal Act and to inform policyholders that such coverage is subject to caps on losses as provided in the federal Act.

The Commissioner of Insurance has jurisdiction over this matter pursuant to Insurance Code Articles 5.06, 5.10, 5.96, and 5.98.

This notification is made pursuant to Insurance Code Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

Consistent with Insurance Code Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action.

IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Manual is amended as described herein, and the amendments are adopted to become effective on the 15th day after publication of the notification of the Commissioner’s action in the Texas Register .

TRD-200302175

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 2, 2003