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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER AEXAMINATION AND FINANCIAL ANALYSIS
RULE §7.69Requirements for Filing the 2006 Quarterly and 2006 Annual Statements, Other Reporting Forms, and Electronic Data Filings with the Texas Department of Insurance and the NAIC

    (C) Quarterly statement electronic filing and PDF filing, due on or before May 15, August 15, and November 15, 2006. A Texas stipulated premium insurance company, unless specifically requested to do so by the department, is not required to file quarterly electronic data filings with the NAIC if it meets all three of the following conditions:

      (i) it is authorized to write only life insurance on its certificate of authority;

      (ii) it collected premiums in the prior calendar year of less than $1 million; and

      (iii) it had a profit from operations in the prior two calendar years;

    (D) All annual and quarterly supplemental electronic filings together with the related PDF filings (except for Schedule SIS and Supplemental Compensation Exhibit which are filed by domestic insurers only with the department in paper copy) due on the dates specified in the forms and instructions.

  (5) Statement of Actuarial Opinion required by paragraph (1)(H) of this subsection shall be prepared in accordance with the following:

    (A) Unless exempted, the Statement of Actuarial Opinion, attached to either the 2006 Life, Accident and Health Annual Statement or the 2006 Health Annual Statement, should follow the applicable provisions of §§3.1601 - 3.1608 of this title (relating to Actuarial Opinion and Memorandum Regulation).

    (B) For those companies exempted from §§3.1601 - 3.1608 of this title, instructions 1 - 12, established by the NAIC, must be followed.

    (C) Any company required by §3.4505(b)(3)(I) of this title (relating to General Calculation Requirements for Basic Reserves and Premium Deficiency Reserves) to opine on the application of X factors, shall attach this opinion to the 2006 Life, Accident and Health Annual Statement or the 2006 Health Annual Statement, as applicable.

  (6) The commissioner reserves the right to request paper copies of any paper or electronic filings made by foreign companies in their state of domicile or the NAIC.

  (7) A foreign insurer that is classified as a commercially domiciled insurer under the Insurance Code §823.004 shall file an Analysis of Surplus (Texas Edition) for life, accident and health insurers with the department, on or before March 1, 2007.

(e) Requirements for property and casualty insurers. Each fire, fire and marine, general casualty, fire and casualty, or U.S. branch of an alien insurer, county mutual insurance company, mutual insurance company other than life, Lloyd's plan, reciprocal or inter insurance exchange, domestic risk retention group, life insurance company that is licensed to write workers' compensation, any farm mutual insurance company that filed a property and casualty annual statement for the 2005 calendar year or had gross written premiums in 2006 in excess of $5 million, any Mexican casualty insurance company licensed under Insurance Code Chapter 984, domestic joint underwriting association, the Texas Mutual Insurance Company, the Texas Windstorm Insurance Association, and the Texas FAIR Plan Association shall complete and file the following blanks, forms, and diskettes or electronic data filings as described in this subsection. The forms and reports identified in this subsection shall be completed in accordance with the "2006 Annual Statement Instructions, Property and Casualty." The electronic filings with the NAIC shall be in accordance with the NAIC data specifications and instructions and shall include PDF format filing, as applicable. The filings for insurers described in this subsection are as follows:

  (1) Domestic insurer reports and forms in paper copy to be filed with the department and the NAIC as follows:

    (A) 2006 Property and Casualty Annual Statement, due on or before March 1, 2007;

    (B) 2006 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2006;

    (C) 2006 Combined Property/Casualty Annual Statement, due on or before May 1, 2007. This statement is required only for those affiliated insurers that wrote more than $35 million in direct premiums as a group in calendar year 2006, as disclosed in Schedule T of the Annual Statement(s); and

    (D) All the paper copies of the annual and quarterly supplements prepared and filed on dates specified in the forms and instructions. Schedule SIS and the Supplemental Compensation Exhibit are filed only with the department.

    (E) The actuarial opinion submitted shall be prepared in accordance with the "2006 Annual Statement Instructions, Property and Casualty."

  (2) Domestic insurer reports and forms to be filed in paper copy only with the department:

    (A) Schedule SIS and the Stockholder Information Supplement, due on or before March 1, 2007;

    (B) Supplemental Compensation Exhibit, due on or before March 1, 2007;

    (C) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2007. This form is to be filed only by domestic insurance companies that have qualified pension contracts under the Insurance Code Article 1.16(b) (revised as §401.151 effective April 1, 2007); otherwise, this form should not be filed;

    (D) Supplement for County Mutuals (Texas Edition) (required of Texas county mutual companies only), due on or before March 1, 2007;

    (E) Texas Supplemental A for county mutuals (Texas Edition) (required of Texas county mutual companies only), due on or before March 1, 2007;

    (F) Analysis of Surplus (Texas Edition) for property and casualty insurers except Texas county mutual companies, due on or before March 1, 2007; and

    (G) Actuarial Opinion Summary prepared in accordance with §7.9 of this title (relating to Examination of Actuarial Opinion for Property and Casualty Insurers).

    (H) The Texas Windstorm Insurance Association shall complete and file the following:

      (i) 2006 Property and Casualty Annual Statement, due on or before March 1, 2007;

      (ii) 2006 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2006; and

      (iii) Management's Discussion and Analysis, due on or before April 1, 2007.

      (iv) The Texas Windstorm Insurance Association is not required to file any reports with the NAIC.

    (I) The Texas FAIR Plan Association shall complete and file the following:

      (i) 2006 Property and Casualty Annual Statement, due on or before March 1, 2007;

      (ii) 2006 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2006;

      (iii) Statement of Actuarial Opinion, due on or before March 1, 2007;

      (iv) Actuarial Opinion Summary prepared in accordance with §7.9 of this title; and

      (v) Management's Discussion and Analysis, due on or before April 1, 2007.

      (vi) The Texas FAIR Plan Association is not required to file any reports with the NAIC.

  (3) Foreign property and casualty insurers filing only electronically with the NAIC and not filing a paper copy with the department shall file a signed jurat page with the department in lieu of filing the entire paper filing.

  (4) Electronic filings by domestic and foreign insurers to be filed with the NAIC:

    (A) Annual statement electronic filing and PDF filing, due on or before March 1, 2007;

    (B) Quarterly statement electronic filing and PDF filing, due on or before May 15, August 15, and November 15, 2006;

    (C) All annual and quarterly supplemental electronic filings together with the related PDF filings (except for electronic Schedule SIS and Supplemental Compensation Exhibit, required of domestic insurers only) due on the dates specified in the forms and instructions;

    (D) Electronic combined insurance exhibit, due on or before May 1, 2007;

    (E) Combined annual statement electronic filing and PDF filing, due on or before May 1, 2007.

  (5) The commissioner reserves the right to request paper copies of any paper or electronic filings made by foreign companies in their state of domicile or the NAIC.

  (6) A foreign insurer that files an application with the department for approval of a policyholder dividend shall file an Analysis of Surplus (Texas Edition) for property and casualty insurers with the application.

  (7) A foreign insurer that is classified as a commercially domiciled insurer under the Insurance Code §823.004 shall file an Analysis of Surplus (Texas Edition) for property and casualty insurers with the department, on or before March 1, 2007.

Cont'd...

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