| (a) Required language. A certificate of insurance must
contain the phrase "for information purposes only" or similar language,
or state that:
(1) the certificate of insurance does not confer any
rights or obligations other than the rights and obligations conveyed
by the policy referenced on the form; and
(2) the terms of the policy control over the terms
of the certificate of insurance.
(b) Specific limitations.
(1) A certificate of insurance may not amend, extend,
or alter the coverage afforded by the referenced insurance policy.
(2) A certificate of insurance may not confer to a
certificate holder new or additional rights beyond what the referenced
policy or any executed endorsement provides.
(3) A certificate of insurance may not alter or modify
a certificate of insurance form approved by TDI unless TDI approves
the alteration or modification.
(4) A certificate of insurance may not contain false
or misleading information concerning the referenced insurance policy.
(A) Requests for information on the certificate of
insurance form must be specific, clear, and reasonable.
(B) Any explanatory information included in a completed
certificate of insurance is limited to language in the referenced
policy and any executed endorsements.
(5) A certificate of insurance may not contain a reference
to a legal or insurance requirement contained in a contract other
than the underlying contract of insurance, including a contract for
construction or services.
(A) A certificate of insurance may refer to the language
in the underlying contract of insurance.
(B) A certificate of insurance may not refer to, describe,
explain, or define obligations under a contract other than the underlying
contract of insurance.
(6) A certificate of insurance may not alter the terms
and conditions of a right to notice of cancellation, nonrenewal, or
material change, or any similar notice concerning a policy of insurance
required by the insurance policy or Texas law.
(A) A certificate of insurance may not create a new
or additional duty to notify.
(B) Any statement on a certificate of insurance regarding
an existing duty to notify is limited to language in the referenced
policy and any executed endorsements.
(c) Disapproval. The Commissioner will disapprove a
filed certificate of insurance form, or withdraw approval of an approved
certificate of insurance form if the form:
(1) contains a provision or has a title or heading
that is misleading or deceptive or violates public policy;
(2) violates any state law, including an administrative
rule;
(3) requires an agent to certify insurance coverage
that is not available in the line or type of insurance coverage referenced
on the form; or
(4) directly or indirectly requires the Commissioner
to make a coverage determination under a policy of insurance or insurance
transaction.
|
