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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER AEXAMINATION AND FINANCIAL ANALYSIS
RULE §7.70Requirements for Filing the 2007 Quarterly and 2007 Annual Statements, the 2008 Quarterly Statements, Other Reporting Forms, and Electronic Data Filings, with the Texas Department of Insurance and the NAIC

      (iv) The Texas Health Insurance Risk Pool is not required to file any reports, diskettes, or electronic data filings with the NAIC.

    (M) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2008. (stipulated premium companies, April 1, 2008). This form is to be filed only by domestic insurance companies that have qualified pension contracts under the Insurance Code §451.151; otherwise, this form should not be filed; and

    (N) Analysis of Surplus (Texas Edition) for life, accident and health insurers, due on or before March 1, 2008 (stipulated premium companies, April 1, 2008).

  (3) Foreign companies 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 with the NAIC by domestic and foreign insurers:

    (A) 2007 Life, Accident and Health Annual Statement electronic filing and PDF filing, due on or before March 1, 2008 (stipulated premium companies, April 1, 2008);

    (B) 2007 Life, Accident and Health Annual Statement of the Separate Accounts electronic filing and PDF filing, due on or before March 1, 2008;

    (C) 2007 Life, Accident and Health Quarterly Statement electronic filings and PDF filings, due on or before May 15, August 15, and November 15, 2007. A Texas stipulated premium 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) 2008 Life, Accident and Health Quarterly Statement electronic filings and PDF filings, due on or before May 15, August 15, and November 15, 2008. A Texas stipulated premium 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.

    (E) 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 (2)(I) of this subsection shall be prepared in accordance with the following:

    (A) Unless exempted, the Statement of Actuarial Opinion, attached to either the 2007 Life, Accident and Health Annual Statement or the 2007 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 2007 Life, Accident and Health Annual Statement or the 2007 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, 2008.

(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 2006 calendar year or had gross written premiums in 2007 in excess of $6 million, any Mexican casualty insurance company licensed under the 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 "2007 Annual Statement Instructions, Property and Casualty," the "2007 Quarterly Statement Instructions, Property and Casualty," and the "2008 Quarterly Statement Instructions, Property and Casualty," as applicable. 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: 2007 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2007.

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

    (A) 2007 Property and Casualty Annual Statement, due on or before March 1, 2008, including the printed investment schedule detail;

    (B) 2008 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2008;

    (C) 2007 Combined Property/Casualty Annual Statement, due on or before May 1, 2008. This statement is required only for those affiliated insurers that wrote more than $35 million in direct premiums as a group in calendar year 2007, as disclosed in Schedule T of the Annual Statement(s);

    (D) All the paper copies of the annual and quarterly supplements prepared and filed on dates specified in the forms and instructions;

    (E) The actuarial opinion submitted shall be prepared in accordance with the "2007 Annual Statement Instructions, Property and Casualty;"

    (F) Schedule SIS, due on or before March 1, 2008;

    (G) Supplemental Compensation Exhibit, due on or before March 1, 2008;

    (H) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2008. This form is to be filed only by domestic insurance companies that have qualified pension contracts under the Insurance Code §401.151; otherwise, this form should not be filed;

    (I) Texas Supplement for County Mutuals (Texas Edition) (required of Texas county mutual insurance companies only), due on or before March 1, 2008;

    (J) Texas Supplemental "A" for County Mutuals (Texas Edition) (required of Texas county mutual insurance companies only), due on or before March 1, 2008;

    (K) Analysis of Surplus (Texas Edition) for property and casualty insurers except Texas county mutual insurance companies, due on or before March 1, 2008;

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

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

      (i) 2007 Property and Casualty Annual Statement, due on or before March 1, 2008;

      (ii) 2007 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2007;

      (iii) 2008 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2008; and

      (iv) Management's Discussion and Analysis, due on or before April 1, 2008.

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

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

      (i) 2007 Property and Casualty Annual Statement, due on or before March 1, 2008;

      (ii) 2007 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2007;

      (iii) 2008 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2008;

      (iv) Statement of Actuarial Opinion, due on or before March 1, 2008;

Cont'd...

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