|(a) An insurer writing personal automobile, residential
property, or workers' compensation insurance must file with TDI:
(1) at least once every three calendar years on or
before March 1, beginning March 1, 2004, a written, comprehensive
set of each underwriting guideline used by the insurer or the insurer's
(2) not later than the 10th day after the underwriting
guideline has changed, a written update to the underwriting guideline
clearly identifying each section of the previously filed underwriting
guideline that has changed.
(b) For purposes of compliance with this section, an
oral or electronic underwriting guideline must be converted to written
(c) An insurer group or group of affiliated insurers
may file one set of underwriting guidelines or update to underwriting
guidelines on behalf of individual insurers in the group under the
requirements of this section if the group clearly identifies which
underwriting guidelines apply to each insurer within the group.
(d) An insurer that files underwriting guidelines or
updates to underwriting guidelines under this section must submit
the filing transmittal information required in §5.9310 of this
title (relating to Property and Casualty Transmittal Information and
General Filing Requirements) with each underwriting guideline filing.
(e) All filings for underwriting guidelines must relate
to only one line of insurance.
(f) Underwriting guidelines contemplated by Insurance
Code §38.003, other than workers' compensation insurance, are
required only if requested. Underwriting guidelines submitted in response
to a request under Insurance Code §38.003 must be filed in compliance
with subsections (b), (c), and (d) of this section.
(g) Filings under this division may not be combined
with any other filings submitted under this subchapter.
(h) Information used to classify risks for the purpose
of determining a rate must be filed under Division 6 of this title
(relating to Filings Made Easy--Requirements for Rate and Rule Filings),
even if the information is included in an underwriting guideline filing
under this division.
|Source Note: The provisions of this §5.9342 adopted to be effective February 10, 2005, 30 TexReg 548; amended to be effective November 16, 2014, 39 TexReg 8694; amended to be effective July 28, 2019, 44 TexReg 3640