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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER ETEXAS WINDSTORM INSURANCE ASSOCIATION
DIVISION 1PLAN OF OPERATION
RULE §5.4001Plan of Operation

      (i) a certificate of inspection applicable to mobile homes manufactured after December 31, 1975, to the effect that such mobile home has been constructed in accordance with the underwriting requirements set forth in paragraph (3)(C) of this subsection. Such certificate of inspection may be made by the manufacturer of such mobile homes, by the terms of which the construction of such mobile home is warranted to be in accordance with the underwriting requirements set out in paragraph (3)(C) of this subsection. The association may rely upon such warranty in the issuance of a policy of catastrophe insurance. This warranty is made by the manufacturer, and not the policyholder. The certificate of inspection with reference to such mobile home may be made by the Texas Department of Labor and Standards or by such inspector as may be appointed or approved by it, or by an inspector designated by the association. Appropriate evidence satisfactory to the association of the issuance of a seal of approval by the Texas Department of Labor and Standards issued pursuant to the provisions of Texas Civil Statutes, Article 5221f, may, at the option of the association, satisfy the requirements of this paragraph; and

      (ii) a certificate or other appropriate evidence required by the association evidencing the issuance of a seal of approval by the Texas Department of Labor and Standards issued pursuant to Texas Civil Statutes, Article 5221f, §8(b), as to mobile homes manufactured prior to January 1, 1976, and sold by a dealer, as that term is defined in Texas Civil Statutes, Article 5221f, subsequent to August 31, 1975;

      (iii) a certificate of inspection to the effect that such mobile home has been properly blocked, supported, anchored, secured, and installed as required by paragraph (3)(E) of this subsection. Such certificate of inspection may be made by an installer as that term is defined in Texas Civil Statutes, Article 5221f, by a certificate addressed to the association, by the terms of which the blocking, supporting, anchoring, securing and installing of such mobile home is warranted to be in accordance with such underwriting standard. The association may rely upon such warranty in the issuance of a policy of catastrophe insurance, or the certificate of inspection may be made by an inspector designated by the association. The warranty referred to herein is made by the installer and not the policyholder;

      (iv) in the event an inspector is designated by the association for any of the purposes set forth herein, the person applying for catastrophe insurance shall pay a reasonable fee to the association for each such inspection. The reasonableness of the fee shall be subject to review by the commissioner.


Source Note: The provisions of this §5.4001 adopted to be effective January 1, 1976; amended to be effective February 10, 1984, 9 TexReg 485; amended to be effective August 1, 1984, 9 TexReg 3943; amended to be effective August 3, 1984, 9 TexReg 3944; amended to be effective August 15, 1984, 9 TexReg 4290; amended to be effective November 2, 1984, 9 TexReg 5425; amended to be effective May 2, 1985, 10 TexReg 1263; amended to be effective July 30, 1986, 11 TexReg 3260; amended to be effective June 26, 1987, 12 TexReg 1902; amended to be effective November 16, 1987, 12 TexReg 4008; amended to be effective January 21, 1988, 13TexReg193;amendedto be effective October 10, 1988, 13 TexReg 4782; amended to be effective March 27, 1990, 15 TexReg 1410; amended to be effective December 11, 1990, 15 TexReg 6849; amended to be effective March 6, 1991, 16 TexReg 1094; amended to be effective March 2, 1992, 17 TexReg 1309; amended to be effective July 9, 1992, 17 TexReg 4607; amended to be effective July 19, 1993, 18 TexReg 4326; amended to be effective December 8, 1994, 19 TexReg 9359; amended to be effective August 3, 1995, 20 TexReg 5383; amended to be effective May 1, 1996, 21 TexReg 3371; amended to be effective July 9, 1996, 21 TexReg 5977; amended to be effective July 15, 1996, 21 TexReg 6893; amended to be effective April 1, 1997, 22 TexReg 2966; amended to be effective July 21, 1997, 22 TexReg 6623; amended to be effective August 29, 2001, 26 TexReg 6300; amended to be effective October 15, 2002, 27 TexReg9584; amended to be effective September 2, 2008, 33 TexReg 7245

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