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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER HCANCELLATION, DENIAL, AND NONRENEWAL OF CERTAIN PROPERTY AND CASUALTY INSURANCE COVERAGE
RULE §5.7001Applicability

(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.


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

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