(a) Sections 5.7002 - 5.7012 of this title (relating
to Cancellations; Calculation of Time Period; Certain Acts Regarded
as Cancellation; Special One-Year Rule Applicable Only to Personal
Automobile Policies; Discontinuing the Writing of Certain Lines or
Classes, Withdrawing from a Geographical Area, or Withdrawing from
an Agency; Renewal of Policies; Records Required; Insurance Code Chapter
4051, Subchapter H; Endorsement Forms; Violations; and Reason for
Declination, Cancellation, or Nonrenewal) apply to companies or insurers
writing the following types of insurance policies which become effective
on or after February 1, 1972, and to no other policies, except as
otherwise provided in this section:
(1) personal automobile policies. Except for §5.7012
of this title, these sections do not apply to any automobile policy
written through the Texas Automobile Insurance Plan;
(2) homeowners or farm or ranch owners policies;
(3) standard fire policies insuring:
(A) a one-family dwelling or a duplex; or
(B) the contents of a one-family dwelling, a duplex,
or an apartment; or
(4) insurance policies providing property and casualty
coverage, other than a fidelity, surety, or guaranty bond to governmental
units. A governmental unit means the State of Texas and all of the
several agencies of government which collectively constitute the government
of the State of Texas, specifically including:
(A) this state;
(B) an agency of this state;
(C) a political subdivision of this state, including:
(i) a municipality or county;
(ii) a school district or junior college district;
(iii) a levee improvement district, drainage district,
or irrigation district;
(iv) a water improvement district, water control and
improvement district, or water control and preservation district;
(v) a freshwater supply district;
(vi) a navigation district;
(vii) a conservation and reclamation district;
(viii) a soil conservation district;
(ix) a communication district;
(x) a river authority; and
(xi) councils and courts; or
(D) any other governmental agency whose authority derives
from the laws and constitution of this state.
(b) Sections 5.7004, 5.7008, 5.7009, 5.7010, 5.7011,
5.7013 of this title (relating to Notice Requirements for Cancellation
and Nonrenewal for General Liability and Certain Automobile Insurance
Policies), and §5.7014 of this title (relating to Exceptions
to Cancellation and Nonrenewal Notice Requirements for General Liability
and Certain Automobile Insurance Policies) are applicable to companies
or insurers writing the following types of insurance policies which
become effective on or after April 7, 1986, and to no other policies,
except as otherwise provided in this section.
(1) General liability policies including, but not limited
to, excess liability policies, excess loss liability policies (umbrella),
errors and omissions liability policies, and all miscellaneous liability
policies. Section 5.7013 and §5.7014 of this title are not applicable
to any general liability policy written through the Texas Medical
Liability Insurance Underwriting Association pursuant to the Texas
Insurance Code, Article 21.49-3.
(2) Automobile policies except personal automobile,
automobile physical damage single interest, automobile mechanical
breakdown, and mobilowners policies. Except for §5.7012 of this
title, these sections are inapplicable to any automobile policy written
through the Texas Automobile Insurance Plan.
(c) Section 5.7006 and §5.7012 of this title apply
to all property and casualty policies regulated by the Texas Department
of Insurance pursuant to the Texas Insurance Code, Chapter 5.
(d) For the purpose of subsection (a) of this section,
"insurer" and "company" have the same meaning as assigned to "insurer"
in Insurance Code §551.101.
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Source Note: The provisions of this §5.7001 adopted to be effective January 1, 1976; amended to be effective May 3, 1983, 8 TexReg 1295; amended to be effective December 21, 1983, 8 TexReg 5126; amended to be effective October 3, 1986, 11 TexReg 3996; amended to be effective October 9, 2012, 37 TexReg 8034 |