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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER AEXAMINATION AND FINANCIAL ANALYSIS
RULE §7.66Requirements for Filing the 2009 Annual Statements, the 2010 Quarterly Statements, Other Reporting Forms, and Electronic Data Filings with the Texas Department of Insurance and the NAIC

    (B) 2010 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2010;

    (C) 2009 Combined Property/Casualty Annual Statement, due on or before May 1, 2010. This statement is required only for those affiliated insurers that wrote more than $35 million in direct premiums as a group in calendar year 2009, 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) Statement of Actuarial Opinion, due on or before March 1, 2010, and prepared in accordance with the "2009 Annual Statement Instructions, Property and Casualty";

    (F) Schedule SIS, due on or before March 1, 2010;

    (G) Supplemental Compensation Exhibit, due on or before March 1, 2010;

    (H) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2010. 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, 2010;

    (J) Texas Supplemental "A" for County Mutuals (Texas Edition) (required of Texas county mutual insurance companies only), due on or before March 1, 2010;

    (K) Analysis of Surplus (Texas Edition) for property and casualty insurers except Texas county mutual insurance companies, due on or before March 1, 2010;

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

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

      (i) 2009 Property and Casualty Annual Statement, due on or before March 1, 2010;

      (ii) 2010 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2010; and

      (iii) Management's Discussion and Analysis, due on or before April 1, 2010.

      (iv) 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) 2009 Property and Casualty Annual Statement, due on or before March 1, 2010;

      (ii) 2010 Property and Casualty Quarterly Statements, due on or before May 15, August 15, and November 15, 2010;

      (iii) Statement of Actuarial Opinion, due on or before March 1, 2010, and prepared in accordance with the "2009 Annual Statement Instructions, Property and Casualty";

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

      (v) Management's Discussion and Analysis, due on or before April 1, 2010.

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

  (2) 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.

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

    (A) 2009 Property and Casualty Annual Statement electronic filing and PDF filing, due on or before March 1, 2010;

    (B) 2010 Property and Casualty Quarterly Statement electronic filings and PDF filings, due on or before May 15, August 15, and November 15, 2010;

    (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, 2010;

    (E) Combined annual statement electronic filing and PDF filing, due on or before May 1, 2010; and

    (F) Statement of Actuarial Opinion, due on or before March 1, 2010, and prepared in accordance with the "2009 Annual Statement Instructions, Property and Casualty".

  (4) 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.

  (5) 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.

  (6) 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, 2010.

(f) Requirements for fraternal benefit societies. Each fraternal benefit society shall complete and file the following blanks, forms, and electronic data filings for the 2009 calendar year, and the first three quarters for the 2010 calendar year. The forms and reports identified in this subsection shall be completed in accordance with the "2009 Annual Statement Instructions, Fraternal," and the "2010 Quarterly Statement Instructions, Fraternal," as applicable. The electronic data filings with the NAIC shall be in accordance with the NAIC data specifications and instructions and shall include PDF format filing. The filings for insurers described in this subsection are as follows:

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

    (A) 2009 Fraternal Annual Statement, including the printed investment schedule detail, due on or before March 1, 2010;

    (B) 2009 Fraternal Annual Statement of the Separate Accounts (required of companies maintaining separate accounts), due on or before March 1, 2010;

    (C) 2010 Fraternal Quarterly Statements, due on or before May 15, August 15, and November 15, 2010;

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

    (E) Management's Discussion and Analysis, due on or before April 1, 2010;

    (F) Statement of Actuarial Opinion, due on or before March 1, 2010, and prepared in accordance with paragraph (4) of this subsection;

    (G) Supplemental Compensation Exhibit, due on or before March 1, 2010;

    (H) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2010. 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; and

    (I) Analysis of Surplus (Texas Edition) for fraternal benefit societies, due on or before March 1, 2010.

  (2) Foreign fraternal 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.

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

    (A) 2009 Fraternal Annual Statement electronic filing and PDF filing, due on or before March 1, 2010;

    (B) 2009 Fraternal Annual Statement of the Separate Accounts electronic filing and PDF filing, due on or before March 1, 2010;

    (C) 2010 Fraternal Quarterly Statement electronic filings and PDF filings, due on or before May 15, August 15, and November 15, 2010;

    (D) All annual and quarterly supplemental electronic filings together with the related PDF filings (except for the Supplemental Compensation Exhibit) due on the dates specified in the forms; and

    (E) Statement of Actuarial Opinion, due on or before March 1, 2010, and prepared in accordance with paragraph (4) of this subsection.

  (4) Statement of Actuarial Opinion required by paragraph (1)(F) and (3)(E) of this subsection shall be prepared in accordance with the following:

    (A) The Statement of Actuarial Opinion, attached to the 2009 Fraternal Annual Statement, must follow the applicable provisions of §§3.1601 - 3.1608 of this title, except for companies exempted from the asset adequacy analysis pursuant to §3.1608 of this title. For those companies exempted from the asset adequacy analysis pursuant to §3.1608 of this title, the format provided by instructions 1 - 12 of the "2009 Annual Statement Instructions, Fraternal", must be followed.

    (B) Any company required by §3.4505(b)(3)(G) of this title to opine on the application of X factors, shall attach this opinion to the 2009 Fraternal Annual Statement, as applicable.

  (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 is classified as a commercially domiciled insurer under the Insurance Code §823.004 shall file an Analysis of Surplus (Texas Edition) for fraternal benefit societies with the department on or before March 1, 2010.

(g) Requirements for title insurers. Each title insurance company shall complete and file the following blanks and forms for the 2009 calendar year, and the first three quarters of the 2010 calendar year. The reports and forms identified in this subsection shall be completed in accordance with the "2009 Annual Statement Instructions, Title," and the "2010 Quarterly Statement Instructions, Title," as applicable. The electronic version of the filings with the NAIC identified in this subsection shall be in accordance with the NAIC data specifications and instructions and shall include PDF format filing. The filings for insurers described in this subsection are as follows:

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

    (A) 2009 Title Annual Statement, including printed investment schedule details, due on or before March 1, 2010;

    (B) 2010 Title Quarterly Statements, due on or before May 15, August 15, and November 15, 2010;

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

    (D) Management's Discussion and Analysis, due on or before April 1, 2010;

    (E) Statement of Actuarial Opinion, due on or before March 1, 2010;

    (F) Supplemental Compensation Exhibit, due on or before March 1, 2010;

    (G) Schedule SIS, due on or before March 1, 2010;

    (H) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2010. 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; and

    (I) Analysis of Surplus (Texas Edition) for title companies, due on or before March 1, 2010.

  (2) Foreign companies filing 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.

  (3) Electronic filings with the NAIC by domestic and foreign insurers:

    (A) 2009 Title Annual Statement electronic filings and PDF filings, due on or before March 1, 2010;

    (B) 2010 Title Quarterly Statement electronic filings and PDF filings, due on or before May 15, August 15, and November 15, 2010;

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

    (D) Management Discussion and Analysis, due on or before April 1, 2010; and

    (E) Statement of Actuarial Opinion, due on or before March 1, 2010.

  (4) 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.

  (5) 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 title insurers on or before March 1, 2010.

(h) Requirements for health maintenance organizations. Each health maintenance organization licensed pursuant to the Insurance Code Chapter 843 shall complete the 2009 Health Annual Statement, and the 2010 Quarterly Statements. Insurers that are subject to life insurance statutes and are permitted or allowed to do the business of health maintenance organizations shall file the Texas HMO supplement forms as part of their annual and quarterly statement filings. The forms and reports required in this subsection shall be completed in accordance with the "2009 Annual Statement Instructions, Health," and the "2010 Quarterly Statement Instructions, Health," as applicable. The Texas supplemental forms required in this subsection and provided by the department shall be completed in accordance with the instructions on the forms. The electronic data filings with the NAIC shall be in accordance with NAIC data specifications and instructions and shall include PDF format filing. The Texas specific electronic filings regarding HMO data Cont'd...

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