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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 13MISCELLANEOUS INSURERS AND OTHER REGULATED ENTITIES
SUBCHAPTER ASTATEWIDE MUTUAL ASSESSMENT COMPANIES, LOCAL MUTUAL AID ASSOCIATIONS, AND BURIAL ASSOCIATIONS
RULE §13.9Books and Records, Minimum Requirements

(a) Each company or association shall hereafter maintain no less than the following records, which shall be the property of such company or association.

  (1) A daily collection sheet (or other acceptable records) on which the following shall be recorded: date, policy number, name of insured, cash collected, amount retained by agents, month and amount of membership fee, and regular premium.

  (2) A premium card on the face of which shall be recorded the insurance age, name and address of insured, year, month, and day of issue, name and address of beneficiary, policy number, date of policy, amount of policy, date of birth, amount of premium by mode, mortality table renewal net premium, and space allocated for remarks. On the front or back of the card, space must be provided for recording each premium payment and the date. The companies shall either have a reserve card file or maintain premium history cards in a manner which will permit the calculation of reserves.

  (3) A cash book for recording all income for the benefit of the claim and expense funds, and for all payments from each fund.

  (4) A policy register on which the following shall be recorded: policy number, name of insured, name and address of beneficiary, date policy issued, insured's date of birth, amount of benefit, and amount of premium by mode. Space should be left for remarks.

  (5) A claim register on which shall be recorded the following: every reported claim by claim number, name of insured, name and address of beneficiary, policy number, date of policy, date of death, date proof was filed, date paid, amount of policy, and amount paid. Space must be left for remarks.

  (6) A claim file, which is not considered complete unless it contains the following:

    (A) an official certified copy of vital statistics records (if applicable);

    (B) the cancelled and surrendered policy together with evidence showing payment of benefits provided in the policy, or a signed receipt of benefits in lieu of the surrendered policy (if applicable);

    (C) the application form;

    (D) cancelled checks for claim payments and the premium card of a deceased insured must also be available.

  (7) A permanent investment file. Each company or association shall hereafter establish and maintain an investment file or a record of each investment which such company or association has or hereafter makes, which record shall be maintained for a period of not less than five years after such investment has been transferred, sold, paid off, or otherwise disposed of. Such file or record shall include:

    (A) the date of such investment;

    (B) the original amount invested and any additions thereto;

    (C) the name and address of the person or organization to whom the consideration was paid;

    (D) a complete description of the investment and a legal description of any property given in security therefor;

    (E) the date of disposal or termination of such investment;

    (F) the name and address of the person or organization to whom the investment was transferred or assigned; and

    (G) the consideration received for such investment upon transfer or assignment.

  (8) A minute book which shall contain a complete record of the proceedings of its members, board of directors, and committees which have any authority from the board of directors.

  (9) A record of members which shall contain a record of the names and addresses of its members entitled to vote, which record shall be maintained at its principal office.

(b) In the event the company has more than one group, club, or class, the mortuary fund of each group, club, or class shall be kept and maintained separately.

(c) A company may use computers and automatic equipment in keeping the records and books required by subsection (a)(1)-(5) and (9) of this section, provided the information or record is available and maintained under verifiable, usual, and customary insurance accounting standards. Computers and automatic equipment may be used to supplement the records required to be kept under subsection (a)(6)-(8) of this section, but cannot be used to generate a substitute for the written records required in subsection (a)(6)-(8) of this section without the prior written permission of the commissioner.

(d) All books and records of any company or association shall be maintained at either its principal office or its registered office, which must be located within its authorized territory.

(e) Suggested forms for records of local mutual aid and burial associations.

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Source Note: The provisions of this §13.9 adopted to be effective January 1, 1976; amended to be effective October 31, 1984, 9 TexReg 5425

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