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TDI Updates Archive

October 2022 TDI Updates

TDI to Meet on Maintenance Tax and Exam Assessments

The Texas Department of Insurance (TDI) will have a stakeholder meeting on projected rates for insurance maintenance taxes and exam assessments at 11 a.m., CT, Nov. 2, 2022, on Zoom. Visit the TDI website for registration details.

TDI Adopts Group Calculation Filing Requirements Rule

TDI has adopted new 28 TAC §7.215, regarding group capital calculation filing requirements for certain insurance holding company systems. This new section is based on NAIC model regulations requiring the ultimate controlling person of an insurer in an insurance holding company system to file with the insurer’s lead state regulator a group capital calculation concurrently with the insurer’s registration. Adoption of §7.215 will align the department’s rules with the anticipated accreditation requirements of the NAIC and assure that TDI retains its authority to regulate filings associated with covered agreements for its domestic insurance companies.
The adoption order and rule can be read here.

FedNat Insurance Placed in Receivership and Ordered to Liquidate

On Sept. 27, FedNat Insurance, a Florida property and casualty insurance company licensed in Texas, was placed in receivership and ordered into liquidation by the Second Judicial Circuit Court of Leon County, Florida. There are about 1,000 FedNat Insurance policyholders living in either TWIA’s designated catastrophe area or Harris County. TDI’s emergency rule issued earlier this year following the Weston insolvency, which removes certain barriers to getting wind and hail coverage through TWIA, will apply for FedNat policyholders as well. TDI has an FAQ on the FedNat issue here.

TDI Issues Final Order for TWIA’s Petitions to Increase Liability Limits

The Texas Department of Insurance (TDI) has modified the Texas Windstorm Insurance Association’s (TWIA’s) petitions to increase its maximum liability limits. The adjustments apply to windstorm and hail insurance policies delivered, issued for delivery, or renewed on or after Jan. 1, 2023. The petitions do not affect TWIA rates.

Final order (PDF)

September 2022 TDI Updates

$11.2 Billion in Paid Claims – TDI Releases New 2021 Winter Storm Data

TDI released updated results from the winter storm data call as of March 31, 2022 (thirteen months after the event). TDI notes that at the time of the report 98% of residential property claims were closed, but insurers were still investigating and adjusting commercial property claims. Paid losses can be expected to increase in future reports and later data may show an increase in reported claims and incurred losses. The ultimate paid amount is $11.2 billion with about 2% of residential property claims remaining open and 18.4% commercial property claims remaining open.

The full report can be found on the TDI website. Go here to view the separate Appendix C and D, which includes detailed information by Zip Codes. TDI expects to publish its final data compilation for this event in late November or early December 2022.

TDI announces External Relations Division and Deputy Commissioner

The Texas Department of Insurance (TDI) has announced that Dan Paschal will serve as the deputy commissioner for the newly created External Relations division. The division will include Communications (currently Public Affairs) and Government Relations (currently Agency Affairs). More information can be found here.

TDI proposes updates to inland marine rules

TDI is seeking comments on an informal working draft of amendments to sections in Chapter 5, Subchapter F of Title 28 of the Texas Administrative Code, relating to Inland Marine Insurance and Multi-peril Insurance. This is to implement SB 1367 from the last legislative session (commercial modernization bill), which exempted commercial inland marine from rate and form filing requirements. It will also implement HB 2587 from 2019, which required travel insurance rates and forms to be filed.

TDI is accepting comments on the informal draft until Sept. 26. If you have any comments you’d like ICT to consider submitting, please email Angie Cervantes, ICT’s government & legislative affairs manager, by Sept. 19, 2022. The full draft of the proposed amendments is available here.

ICT Submits Comments on Auto Stat PlanTDI requested informal comments on possible revisions to the Texas Private Passenger Automobile Statistical Plan. TDI has not revised the statistical plan since before the Texas Legislature eliminated the benchmark rating system through SB 14 in 2003. ICT, in combination with AFACT, submitted comments  on the proposed revisions. The comments specifically addressed the list of questions TDI provided for feedback, which can be found here.

August 2022 TDI Updates

TDI Issues Emergency Rule to Help Weston Insurance Policyholders Living Along the Coast
TDI issued an emergency rule authorizing TWIA to provide Weston policyholders more time and flexibility when applying for TWIA coverage. This rule allows Weston policyholders who qualify for insurance coverage through TWIA:

• More time to apply
• Coverage even if a storm is on its way
• No payment to start coverage
Weston, a Florida insurance company licensed in Texas, was ordered by a Florida court to end its operations. Weston policies will be canceled Sept. 7, 2022.

TDI news release, resources, and FAQ for policyholders
TWIA’s FAQ page

Emergency rule adoption order

TDI issues bulletin on insurers’ duty to promptly pay settled claims
TDI issued Commissioner’s Bulletin # B-0006-22 for surplus lines companies, HMOs, and regulated insurers. The bulletin:

  • Reminds them of their obligation to act in good faith to pay settled claims in a prompt and equitable manner.
  • Advises them of the consequences of violating rules that protect Texans from unfair claim settlement practices.

TDI proposes rule on group capital calculation

TDI is proposing to adopt an NAIC model act and regulation for the group capital calculation, effective Nov. 7, 2022. The proposed new rule will require certain insurers to file a group capital calculation with their registrations. View the proposal for the full text and how to submit comments. Comments are due to TDI by Sept. 19 and to ICT’s Angie Cervantes for inclusion in comments ICT may submit by Sept. 12. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

TDI adopts updates to drug prior authorization form
TDI adopted a rule to update the Texas Standard Prior Authorization Request Form for Prescription Drug Benefits. The adopted rule and related form streamline the process for authorizing requests for continuation of therapy. View the adoption order for the full text. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

TDI adopts amendments to rules for emergency cease and desist orders
TDI amended Texas Administrative Code, Title 28, Chapter 1, Subchapter H, regarding emergency cease and desist orders. Changes reflect statutory requirements in Senate Bill 1809 passed in 2021. View the adoption order for the full text. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

TDI adopts changes to workers’ compensation network rules

TDI adopted amendments to rules affecting workers’ compensation networks to:

  • Conform with state law and other rules.
  • Update citations and references in the rules.
  • Remove unnecessary requirements.

View the adoption order for the full text. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

July 2022 TDI Updates

Input requested on related updated NFPA standards
TDI requests input on amendments to the State Fire Marshal rules found in Texas Administrative Code, Title 28, Chapter 34, Subchapter C, Subchapter E, Subchapter F, and Subchapter G. The proposed amendments will update standards published by the National Fire Protection Association (NFPA) in the State Fire Marshal rules. View the informal working draft for the full text and how to submit comments.

Input invited for Private Passenger Auto Statistical Plan

TDI invites input on the Private Passenger Automobile Statistical Plan. The information received will assist TDI in developing revisions to the statistical plan. This is not a formal publication for rulemaking. View the request for input and learn how to submit comments. Comments are due to TDI by August 29 and to ICT’s Angie Cervantes by August 22 for consideration in potential ICT feedback.

TDI releases podcast on dangers of carbon monoxide
Carbon monoxide gas, which can leak from faulty appliances, car engines, or generators, could make you sick and even kill you. TDI’s recent podcast episode discusses the risks, the importance of detectors, and spoke to relatives of a family who died by carbon monoxide poisoning while sleeping. Learn more.

June 2022 TDI Updates

TDI issues HelpInsure.com price comparisons data call
TDI issued the annual data call to collect information for HelpInsure.com. TDI will email the companies required to respond and encourages other insurers to participate by reporting their personal automobile and residential property sample rate data. View Commissioner’s Bulletin B-0005-22 for the data call instructions.

TDI releases video on tornado safety
TDI’s Ben Gonzalez talked to the National Weather Service about how to protect yourself and your home from tornadoes. Watch the video

May 2022 TDI Updates

TDI issues data call for disallowed expenses
TDI has issued the annual disallowed expenses data call to companies writing certain property and casualty lines of insurance. The data reports are due July 8, 2022. View Commissioner’s Bulletin B-0003-22 for the data call instructions and forms

TDI Provides Additional Facts About the Recent Data Security Event
TDI provided clarification of information that appeared in several recent news stories about their January 2022 data security event, including when and how the event occurred and what steps TDI has taken to address the issue. Read more here.

ICT Submits Comments to TDI on Filings Made Easy Informal Draft Rule
On May 12, ICT submitted comments on behalf of its members to TDI regarding their Filings Made Easy (FME) informal draft rule. ICT expressed support of the proposed changes to these rules to implement changes in Texas law by SB 1367 and SB 965. Based on feedback from members, the letter also expresses concerns/requests changes to various provisions of the informal draft. In addition, the comments include considerations for better relying on competitive factors in reviewing rate filings and how the review process can be expedited.

TDI Press Release: Only 14% of Texas homeowners have a flood policy
There are about 5.3 million home insurance policies in Texas, but only about 753,000 federal flood policies. That means only about 14% of Texas homeowners are covered by flood insurance. The Texas Department of Insurance encourages all Texans to consider flood insurance. Even a small amount of water can cause thousands of dollars of damage. If you don’t have flood insurance, you’ll have to pay for those repairs on your own. Read more here.

Attorney General Adopts Child Support Payment Rule Amendments
The Texas Attorney General has adopted rule amendments to TAC §§55.601-55.605 addressing insurance reporting and intercept of certain insurance settlements and awards for child support payments.

In 2015, the Texas Legislature passed SB 1174 which made additional statutory changes, regarding certain 1st and 3rd party claims, to the insurance claims intercept requirements and these changes necessitated updates to the AG rules. In 2016, ICT provided comments for suggested changes to the proposed rules based on input from our members. The rules were then proposed again in December 2021 with ICT’s suggested changes included. Read the adopted rules here.

April 2022 TDI Updates

TDI proposes amendments to rules for emergency cease and desist orders
TDI proposes to amend Texas Administrative Code, Title 28, Chapter 1, Subchapter H, regarding emergency cease and desist orders. Changes reflect statutory requirements in Senate Bill 1809, 87th Legislature, 2021. View the proposal (PDF) for the full text and how to submit comments. Comments are due to TDI by May 23 and to ICT’s Angie Cervantes for inclusion in comments submitted by ICT by May 16. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

TDI issues data call for 2021 Texas catastrophe area premiums
TDI has issued a data call (Commissioner’s Bulletin # B-0002-22) for information from certain insurance companies writing property insurance in Texas during calendar year 2021. The information will be used by the Texas Windstorm Insurance Association to calculate participation shares if assessments become necessary in 2022. Responses are due by May 30, 2022. Visit TDI’s website for reporting instructions and related information.

TDI requests input on Filings Made Easy rule amendments
TDI requests input on amendments to the Filings Made Easy rules found in Texas Administrative Code, Title 28, Chapter 5, Subchapter M. Some of the proposed amendments include statutory changes made by Senate Bill 1367 and Senate Bill 965, 87th Legislature, 2021. Amendments also include new requirements for personal automobile and residential property filings, and information about third-party data and models.

Comments are due to TDI by 5 p.m. Central time, May 12, 2022. View the cover memo for more information, including links to informal working drafts and how to submit comments. If member companies would like to provide input on potential comments from ICT, please e-mail Angie Cervantes with those comments by May 5.

TDI approves TWIA forms
TDI approved changes to the Texas Windstorm Insurance Association’s declarations pages and application forms. The changes are part of TWIA’s policy administration system upgrades. The revised declarations pages and application forms are substantially similar to the previous versions. Visit TDI’s TWIA Submissions webpage (see proposals filed on November 12, 2021; December 17, 2021; and January 7, 2022) to view the dates and other documents related to this action.

TDI adopts revisions to experience rating and statistical plan manuals
The Texas Department of Insurance (TDI) adopts National Council on Compensation Insurance (NCCI) Item E-1408—Revisions for New York Withdrawal from the NCCI Interstate Experience Rating Plan. The filing revises the references to New York regarding its participation in NCCI’s interstate experience rating plan. View the NCCI Manual Rule Filings webpage for a copy of the order.

TDI board and committee opportunities
The Texas Department of Insurance is accepting applications for these P&C-related boards and committees:

  • Fair Access to Insurance Requirements (FAIR) Plan Governing Committee (Applications are due April 13)
  • Texas Property and Casualty Insurance Guaranty Association Board of Directors

Learn more about these positions and qualifications, among others, on TDI’s boards and committees webpage. TDI asks potential applicants to please review qualifications before submitting an application.

March 2022 TDI Updates

TDI provides notice of data security event
Earlier this year, the Texas Department of Insurance became aware of a security issue with a web application that manages workers’ compensation information. TDI immediately took the application offline, quickly fixed the issue, and started an investigation to determine the nature and scope of the event. TDI worked with a forensics company to search the web for evidence of misuse of the information and no evidence has been found to date. TDI is offering credit monitoring services at no cost to those who may have been affected. Read TDI’s news release here.

TDI InsurED registration open
TDI is hosting multiple one-hour webinars as a part of its 2022 Virtual Compliance Conference, including a June 9 webinar on property and casualty filings and update. Learn more here.

TDI proposes updates to drug prior authorization form
TDI has posted a proposed rule to update the Texas Standard Prior Authorization Request Form for Prescription Drug Benefits. The proposal streamlines the process for authorizing requests for continuation of therapy. View the proposal for the full text and how to submit comments. Comments are due to TDI by March 28 and to ICT’s Angie Cervantes for consideration of inclusion in any comments ICT may provide by March 21. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

February 2022 TDI Updates

TDI approves new TWIA endorsement forms
TDI has approved four new TWIA endorsement forms. Three of the endorsements reorganize provisions from existing endorsements. The fourth is used to list structures that are excluded from a particular dwelling policy. TWIA intends to begin using the new forms in April 2022. View the approval order (PDF). Visit TDI’s TWIA Submissions webpage to view the dates and documents related to this action.

TDI proposes rule establishing a grace period for TWIA renewal payments
TDI proposes a rule establishing a grace period for TWIA renewal premium payments. View the proposal for the full text and how to submit comments. Comments are due to TDI by Feb. 28, and to ICT’s Angie Cervantes for consideration in potential comments ICT may submit by Feb. 21. For other dates and documents related to this action, visit TDI’s 2022 rules webpage.

January 2022 TDI Updates

TDI rule requires email contact for all licensees
TDI reminds individuals, agencies, and companies regulated by TDI to designate an email address for official communications from TDI. Read more here.

TDI adopts repeal of obsolete rule
TDI adopted the repeal of 28 Texas Administrative Code Section 5.6302 relating to the sale of substitutes to workers’ compensation insurance. Legislation passed in 2021 makes this rule redundant and obsolete. Each provision of the rule is now superseded or addressed by statute. View the adoption order for the full text. For other dates and documents related to this action, visit TDI’s 2021 rules webpage.

TDI adopts NCCI catastrophe provision
TDI adopted the National Council on Compensation Insurance (NCCI) filing Item 02-TX-2021—Rules and an Endorsement Related to the Catastrophe (Other Than Certified Acts of Terrorism) Provision in Texas. The changes apply to new and renewal policies effective on or after 12:01 a.m. on July 1, 2022. To view this filing, visit the NCCI Manual Rule Filings for 2021 webpage.

Fraud investigation yields guilty plea from former Houston NFL player
Shantee Orr, one of eight former NFL players accused of taking part in a scheme to defraud a player health care reimbursement fund, pleaded guilty Wednesday in Harris County of submitting false claims totaling more than $129,000. The case was led by Texas Department of Insurance investigators and prosecutors working with the Harris County District Attorney’s Office. Read news release.

TWIA files revised declarations pages
TWIA filed revised declarations pages with TDI for approval. TWIA is revising its residential and commercial declarations pages as part of its policy administration system upgrades. TWIA explained that revisions should make the declarations pages easier to read and are substantially similar to the existing declarations pages. Visit TDI’s TWIA Submissions webpage (see proposals filed Dec. 20, 2021) to view the dates and documents related to this action, and to learn how to submit comments or request a hearing. Comments are due to TDI by Feb. 7, and to ICT’s Angie Cervantes for consideration in potential comments ICT may submit by Feb. 1.

December 2021 TDI Updates

Doug Slape receives Robert Dineen Award
Texas Department of Insurance Chief Deputy Commissioner Doug Slape is a recipient of this year’s Robert Dineen Award, the highest honor for a state regulator bestowed by the National Association of Insurance Commissioners. Read the news release.

November 2021 TDI Updates

TDI adopts credit for reinsurance changes
TDI has adopted new regulations for credit for reinsurance, effective January 1, 2022. The changes eliminate collateral and physical presence requirements for certain insurers and regulate aspects of reserve financing. View the adoption order (PDF) for the full text. For other dates and documents related to this rule, visit TDI’s 2021 rules webpage.

TDI adopts updates to TWIA’s plan of operation
TDI adopted an amendment to the Texas Windstorm Insurance Association’s plan of operation by adding references to new statutes. Click here to read the adoption order. For other dates and documents related to this action, visit the TDI Proposed and Adopted Rules webpage.

TDI meeting on maintenance tax and exam assessments
TDI will have a stakeholder meeting on projected rates for insurance maintenance taxes and exam assessments at 11 a.m. Central time, November 17 on Zoom. Visit the TDI website for registration details.

TDI adopts rules on annuity disclosure forms
TDI adopted rules: 28 TAC §3.9721 and §3.9722 about the forms an agent must provide to a consumer before or when recommending or selling an annuity. Read the adoption order here. For other dates and documents related to this action, visit TDI’s 2021 rules webpage.

TDI adopts amendments to rules on trade practices
TDI adopted nonsubstantive changes to rules on trade practices in the Texas Administrative Code. Changes include updated statutory citations, updated contact information for TDI, and grammatical corrections. Read the adoption order here. For other dates and documents related to this action, visit TDI’s 2021 rules webpage.

TDI proposes repeal of obsolete rule
TDI proposes to repeal 28 Texas Administrative Code Section 5.6302 relating to the sale of substitutes to workers’ compensation insurance. Legislation passed this year makes that rule redundant and obsolete. Each provision of the rule is now superseded or addressed by statute. View the proposal (PDF) for the full text and how to submit comments. Comments are due to TDI by November29, 2021, and to ICT’s Angie Cervantes for possible consideration and inclusion in comments submitted by ICT by November 19. For other dates and documents related to this action, visit TDI’s 2021 rules webpage.

October 2021 TDI Updates

TDI issues order for TWIA’s petitions to increase liability limits
TDI has modified TWIA’s petitions to increase its maximum liability limits. The adjustments would apply to windstorm and hail insurance policies delivered, issued for delivery, or renewed on or after January 1, 2022. The petitions do not affect TWIA rates.

TDI hosts plain language webinar series
TDI is hosting a three-part webinar series on writing policies in plain language.

  • October 12: Case study: Writing a policy that people can understand
  • October 13: How business benefits from plain language
  • October 14: Workshop: Practical plain language exercises

Learn more and register here.

September 2021 TDI Updates

NCCI proposes catastrophe provision in TexasThe National Council on Compensation Insurance (NCCI) filed Item 02-TX-2021 (Rule and Form) Rules and an Endorsement Related to the Catastrophe (Other Than Certified Acts of Terrorism) Provision in Texas. NCCI proposes that these changes apply to policies effective on and after July 1, 2022.

TDI to host webinars on learning how to cut policy jargon, earning customer trust
TDI is hosting a free three-part webinar series, “Writing Policies in Plain Language: Learn how to cut jargon, save time, and earn customer trust.” Their presenter, Colleen Trolove, is a plain language trainer and editor with Write, a New Zealand company devoted to encouraging plain language in business communications.

  • October 12: Case study: Writing a policy that people can understand
  • October 13: How business benefits from plain language
  • October 14: Workshop: Practical plain language exercises

Visit the TDI page to register.

TDI reduces complaint processing times by 80%

TDI eliminated a backlog of consumer complaints and reduced processing times by 80% as part of the agency’s ongoing modernization initiative.

“Customer service is a priority, and that hasn’t changed during the pandemic,” said TDI Commissioner Cassie Brown.

TDI cut the average time to resolve complaints to 25 days in the fiscal year that ended August 31 and returned more than $46 million to consumers in claim payments and refunds. The 25-day turnaround was down more than 80% from 163 days in fiscal 2020. The agency worked to eliminate a backlog of consumer complaints that started in 2015 and grew as the number of complaints increased. Read more here.

TWIA files endorsement for additional structures
TWIA has filed a new endorsement with TDI for approval: Endorsement No. 419 – Other Structures on the Described Location – Increased Limits. The endorsement will allow residential policyholders to increase their coverage for separate structures on the property. TWIA also has filed rates (see P-0921-21) for the endorsement. Visit TDI’s TWIA Submissions webpage to view the dates and documents related to this action, and to learn how to submit comments or request a hearing on the endorsement. Comments are due to TDI by November 1 and to ICT’s Angie Cervantes for possible inclusion in ICT comments by October 25.

Governor names Cassie Brown as Commissioner of Insurance
Governor Greg Abbott has appointed Cassie Brown as Commissioner of Insurance. She has served as the Texas Workers’ Compensation Commissioner since June 2018 and previously was TDI’s deputy commissioner for Regulatory Policy.

TDI issues initial order for TWIA’s petitions to increase liability limits
TDI has modified TWIA’s petitions to increase its maximum liability limits. The proposed adjustments would apply to windstorm and hail insurance policies delivered, issued for delivery, or renewed on or after January 1, 2022. The petitions do not affect TWIA rates.
As required by statute, this initial order will be followed by a hearing and a second order.

The hearing will take place at 3 p.m. Central time, September 28, 2021. Visit the TDI website for more information and registration instructions. Comments are due to TDI by September 24 and to ICT’s Angie Cervantes for possible inclusion in ICT comments by September 20.

TDI Informal Proposed Rule on TWIA Member Assessments
ICT joins AFACT in submitting comments on TDI’s informal proposed rule on insurer assessments for reinsurance in excess of minimum statutory funding levels.   ICT will monitor and update our members on any other discussion on this issue.

TDI issues data call for disallowed expenses
TDI issued the annual disallowed expenses data call to companies writing certain property and casualty lines of insurance. The data reports are due October 15, 2021. View Commissioner’s Bulletin B-0026-21 for the data call instructions and forms.

August 2021 TDI Updates

TDI proposes updates to TWIA’s plan of operation
TDI proposes to amend the Texas Windstorm Insurance Association’s (TWIA) plan of operation by adding references to new statutes. View the proposal for the full text and how to submit comments. Comments are due to TDI on September 27, 2021 and to ICT’s Angie Cervantes for possible inclusion in ICT comments by September 20.

TDI proposes rule on credit for reinsurance
TDI is proposing to adopt NAIC model regulations for credit for reinsurance, effective January 1, 2022. The changes will eliminate collateral and physical presence requirements for certain insurers and regulate aspects of reserve financing. View the proposal for the full text and how to submit comments. Comments on the proposed sections are due to TDI on September 27, 2021 and to ICT’s Angie Cervantes for possible inclusion in ICT comments by September 20. For other dates and documents related to this action, visit TDI’s 2021 rules webpage.

Agent licensing and certification updates
Certain agent licensing and annuity certification requirements are changing due to legislation passed during this year’s 87th Legislature. Changes include:

  • Increasing ethics continuing education requirements.
  • Removing the life and health insurance counselor and insurance service representative licenses.
  • Discontinuing registration for home office salaried employees.
  • Eliminating subagent appointments.
  • Changing training requirements for licensees who sell annuities.

Watch TDI’s recorded webinar to learn more

TDI issues bulletin on SB 1367
TDI has Commissioner’s Bulletin # B-0022-21 on the changes made by Senate Bill 1367. SB 1367 eliminates rate and form filings for certain commercial lines of insurance, eliminates rate filings for certain large risks, and waives surplus lines insurers’ diligent-effort requirements for certain lines.

HB 1777 annuity transaction changes
TDI issued Commissioner’s Bulletin # B-0021-21 about new requirements for annuity transaction standards and disclosures. House Bill 1777 (87R) adds new training requirements, requires new disclosure forms, and reduces the minimum nonforfeiture interest rate.

July 2021 TDI Updates

TDI issues bulletin lifting COVID-19 suspensions
TDI issued Commissioner’s Bulletin # B-0020-21 about lifting suspensions of statutes and rules put in place to respond to the COVID-19 pandemic. Fingerprint and agent exam sites are open, and the agency has resumed normal operations. The suspensions will end September 20, 2021.

Webinar on agent licensing changes
TDI will host a webinar on changes to agent licensing provisions from the 87th Legislature. The webinar will be from 11 a.m. to noon July 29. Webinar details

TDI adopts repeal of umbrella liability rule
TDI repealed an obsolete rule relating to the regulation of umbrella liability insurance. Read the adoption order. For other dates and documents related to this action, visit TDI’s 2021 rules webpage.

System updates for some TDI sites this weekend
The following websites will be offline for updates from 7 p.m. July 23 to 6 a.m. July 26.

State Fire Marshal’s company and licensee search

ICT joins TDI to discuss building costs
ICT Executive Director Albert Betts, Jr. joined TDI’s Ben Gonzalez to answer questions about higher construction costs and what that may mean for policyholders. Albert explains why costs have increased, shares tips on how consumers can lower their premiums, discussed replacement cost coverage and more. See the full interview here.

TDI makes a correction to the Residential Stat Plan
TDI corrected the effective date on the recently updated Texas Statistical Plan for Residential Risks. Please go to the TDI website to view the new statistical plan and adoption order. Click here to read the amendment.

Changes to agent licensing laws
TDI issued Commissioner’s Bulletin # B-0019-21, listing major changes to agent licensing provisions during the 87th Legislature. Those include:

  • Increasing ethics continuing education requirements.
  • Removing the life and health insurance counselor license.
  • Removing insurance service representative license.
  • Discontinuing registration for home office salaried employees.
  • Eliminating subagent appointments.

June 2021 TDI Updates

TDI board and committee opportunities
TDI is accepting applications for these boards and committees:

  • Fair Access to Insurance Requirements (FAIR) Plan Governing Committee
  • Surplus Lines Stamping Office of Texas Board of Directors
  • Standard Request Form for Prior Authorization of Prescription Drug Benefits Advisory Committee
  • Texas Life and Health Insurance Guaranty Association Board of Directors
  • JUA Texas Medical Liability Insurance Underwriting Association Board of Directors
  • Texas Property and Casualty Insurance Guaranty Association Board of Directors
  • Texas Title Insurance Guaranty Association Board of Directors

For more information about board and committee opportunities, visit the TDI webpage.

TDI proposes updates to rules on trade practices
TDI is proposing nonsubstantive changes to rules on trade practices in the Texas Administrative Code. Changes include updated statutory references, updated contact information for TDI, and grammatical corrections. Visit the TDI website to review the rule proposal.

TDI amends CE requirements for agents and adjusters
TDI adopted amendments to 28 Texas Administrative Code (TAC) §§19.1006, 19.1010, 19.1011, and 19.1029, changing continuing education (CE) requirements for agents and adjusters, including:

  • Expanding the list of approved course topics.
  • Allowing CE providers to award electronic certificates for course completion.
  • Clarifying that agents who sell annuities must get eight hours of CE related to annuities each two-year period.

Visit the TDI website for the adopted rules.

TDI issues data call for 2020 Texas catastrophe area premiums
TDI has issued a data call for information from certain insurance companies writing property insurance in Texas during calendar year 2020. The information will be used by the Texas Windstorm Insurance Association to calculate participation shares if assessments become necessary in 2021. Responses are due by June 30, 2021. Read Commissioner’s Bulletin # B-0013-21 for more information.

TDI adopts changes to classifications for oil and gas field operations
TDI adopted National Council on Compensation Insurance (NCCI) filing Item B-1438—Revisions to Basic Manual Classifications for Oil and Gas Field Operations. Item B-1438 revises some class code descriptions for the oil and gas industry for flowback and drill site preparation services. Item B-1438 applies to policies effective on and after July 1, 2021.

TDI adopts correction to NCCI Statistical Plan
TDI adopted NCCI filing Item 01-TX-2020—Texas Negotiated Deductible, which clarifies that Type of Deductible Plan Code 13—Negotiated Deductible in the NCCI Statistical Plan continues to apply in Texas. The change applies to new and renewal policies effective on or after July 1, 2018.

NCCI proposes changes to Retrospective Rating Plan Manual
The NCCI filed Item 01-TX-2021—Revisions to the Retrospective Rating Plan Manual Rule 3-A in Texas. NCCI proposes that these changes apply to policies effective on and after October 1, 2021. Comments are due to DWC by June 23 and to ICT’s Angie Cervantes for consideration of any potential ICT comments by June 12.

May 2021 TDI Updates

Insurers’ FAIR Plan surcharges expire in June
TDI reminds insurance companies that the three-year period to recoup FAIR Plan surcharges on property policies expires June 24, 2021. Insurers applying a premium surcharge to recover a 2018 FAIR Plan assessment must stop the surcharges by that date and update any applicable filings. See Commissioner’s Bulletin #B-0002-18A for more information.

NCCI proposes codes for vaccination reactions
The National Council on Compensation Insurance (NCCI) proposes Item U-1402—Injury Description Codes for Adverse Reaction to Vaccination for COVID-19 and Other Diseases. The changes would apply to claims with an accident date of December 1, 2020, and later.

TDI adopts rules related to the consumer bills of rights
TDI adopted rules amending the consumer bills of rights for homeowners, renters, and auto insurance. The Office of Public Insurance Counsel proposed changes to the consumer bills of rights and petitioned TDI to adopt them. All insurers must begin providing the new bills of rights to consumers by November 15, 2021. Click here for a copy of the adoption order.

Agency adjuster applications now available online
Applications for Texas agency adjuster licenses can now be submitted online. To learn more and get step-by-step guides, go to TDI’s agent and adjuster licensing webpage. Click on the type of adjuster license wanted and then on “Application: adjuster or agency.”

New TDI rule requires email contact for all licensees
TDI adopted a rule that requires individuals, agencies, and companies regulated by TDI to designate an email address for official communications from TDI.
To add or update an email address:

The rule also allows electronic submissions to TDI in most cases where a paper method was previously required. Visit the TDI website for the adopted rule.

April 2021 TDI Updates

TDI adopts change in pet insurance classification
TDI adopts rule changes to classify pet insurance as inland marine insurance. With the change, insurers can offer both individual and group pet insurance policies and are not required to file the policy forms or rates. Click here to view the adoption order.

TDI proposes repeal of umbrella liability rule
TDI proposes to repeal Texas Administrative Code, Title 28, Section 5.1201 because it’s requirements are obsolete. Click here for a copy of the proposal and information on how to submit comments.

Comments are due to TDI by May 17, 2021. ICT may submit comments on our members behalf. Contact Angie Cervantes by May 10 to submit input for possible comments.

NCCI proposes changes to classifications for oil and gas field operations
The National Council on Compensation Insurance (NCCI) filed amendments to Item B-1438—Revisions to Basic Manual Classifications for Oil and Gas Field Operations based on comments received during the second comment period.
NCCI proposes that Item B-1438 apply to policies effective on and after July 1, 2021. Visit the TDI website for a copy of the notice and information on how to submit comments.

TDI Consumer Outreach:
How to apply for disaster assistance
TDI spoke with FEMA about help for winter storm damage. FEMA may cover damage, repairs, or other costs not covered by insurance. Renters can apply too. Watch TDI’s video here.

TDI adopts updates to Residential Stat Plan
TDI has adopted updates to the Texas Statistical Plan for Residential Risks. Please go to the TDI website to view the new statistical plan and adoption order.

March 2021 TDI Updates

TDI adopts changes to Motor Vehicle Crime Prevention Authority fee rule

TDI has adopted changes to the Motor Vehicle Crime Prevention Authority fee rule:

  • Automobile Burglary and Theft Prevention Authority (ABTPA) changed to Motor Vehicle Crime Prevention Authority (MVCPA).
  • The fee changed from $2 to $4.
  • The consumer notice language required for insurers that recoup the fee was revised.

Visit the TDI website for a copy of the adoption order.

TDI posts draft workers’ compensation networks rules
TDI has posted draft amendments to rules on workers’ compensation health care networks. The proposed updates reflect statutory changes, align workers’ compensation network requirements with those for other types of networks, and reduce reporting requirements. Visit the TDI website for a copy of the draft rules and information on how to submit comments. Comments are due to TDI by April 12 and to ICT’s Angie Cervantes for consideration by April 5.

TDI adopts NCCI Basic Manual changes related to hazard groups
TDI adopts National Council on Compensation Insurance (NCCI) Item B-1442—Revisions to the Basic Manual Appendix E – Classifications by Hazard Group. The filing revises hazard group assignments. Item B-1442 applies to new and renewal policies effective on and after July 1, 2021.

TDI issues data call for winter weather event
TDI has activated catastrophe statistical data collection for the Texas winter weather event that took place from February 11-19. Visit the TDI website for reporting instructions and related information.

February 2021 TDI Updates

TDI issues guidance to industry on storm claims
TDI issued three bulletins with guidance for the insurance industry following winter storm damage across the state.

Bulletin B-0005-21: TDI expects insurers to suspend vacancy provisions for policyholders displaced by the storm and work with those who need more time to pay premiums.

Bulletin B-0006-21: TDI reminds insurers, adjusters, and contractors about provisions in state law on the use of emergency adjusters, conflicts of interest, and other consumer protections.

Bulletin B-0007-21: TDI reminds insurers about restrictions on the use of losses from natural causes in setting premiums and determining whether to renew a policy. TDI also reminds insurers about requirements for restriction and withdrawal plans.

Insurance tips following winter storms
TDI offered tips to homeowners impacted by a broken water pipe, downed tree limbs, or other winter damage, such as making a list of damaged property and taking steps to protect your home from further damage. Read more here.

Help for renters with winter storm damage
TDI offered tips to renters who lost personal items due to winter storm damage, like explaining that the landlord is responsible for most structural repairs and that many renters insurance policies will pay for damage to your belongings caused by a frozen pipe that burst. Read more here.

TDI eliminates many filing fees
A rule change eliminated many filing fees as of February 2. TDI updated the Company Licensing Fee Transmittal Form (FIN321) to reflect the changes. They ask that companies use the new form and verify any filing fees before submission.

TDI adopts rule to eliminate some fees
TDI is adopting a rule to eliminate unnecessary fees and reduce regulatory requirements. The proposal eliminates some regulatory fees and would require a biographical affidavit form for foreign insurers only on request. Click here for the adopted rule.

TDI proposes change in pet insurance classification
TDI proposes to classify pet insurance as inland marine insurance. Texas currently treats it as a miscellaneous kind of property and casualty insurance, meaning that insurers cannot offer pet insurance through group policies. With the proposed change, insurers could offer both individual and group pet insurance policies and would not be required to file the policy forms and rates. Click here to review the rule proposal and learn how to make comments. Comments are due to TDI by March 1 and to ICT’s Angie Cervantes by February 22.

TDI updates fee transmittal forms
TDI has updated its forms to reflect the elimination of certain filing fees. TDI advises companies to make sure they use the new forms:
Financial Analysis Fee Transmittal Form (FIN483)
Company Licensing Fee Transmittal Form (FIN321)

OPIC proposes changes to consumer bills of rights
The Office of Public Insurance Counsel (OPIC) has proposed changes to the consumer bills of rights for homeowners, renters, and auto insurance. OPIC develops the documents that outline consumer rights and petitions TDI to adopt them. Visit the TDI website for the proposed changes and information on how to submit comments.

January 2021 TDI Updates

TDI issues data call for disallowed expenses
TDI has issued the annual disallowed expenses data call to companies writing certain property and casualty lines of insurance. This data call applies to licensed companies that wrote premium in 2019 for any of the following lines of insurance in Texas: fire, allied lines, private crop, farm owners multiple peril, homeowners multiple peril, commercial multiple peril, inland marine, medical malpractice, other general liability, products liability, private passenger automobile, commercial automobile, fidelity, or surety. The data reports are due April 1, 2021. Read Commissioner’s Bulletin # B-0001-21 for more information.

2019 Updates

2018 Updates

2017 Updates

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