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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) 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 requested by the department shall be filed in accordance with the instructions provided by the department. The filings for insurers described in this subsection are as follows:

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

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

    (B) 2010 Health Quarterly Statements, due on or before May 15, August 15, and November 15, 2010. With each quarterly filing, include an up-to-date and completed Schedule E, Part 3 - Special Deposits, utilizing the format from the 2009 Health Annual Statement;

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

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

  (2) Domestic insurer reports and forms to be filed with the department:

    (A) Supplemental Compensation Exhibit in paper copy only, due on or before March 1, 2010;

    (B) Texas Overhead Assessment Exemption Form (Texas Edition) in paper copy only, 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;

    (C) Texas HMO Supplement Annual (Texas Edition), in paper copy and electronic filing, containing annual data for calendar year 2009, to be completed according to the instructions provided by the department, due on or before March 1, 2010.

    (D) Texas HMO Supplement Quarterly (Texas Edition), in paper copy and electronic filings, containing quarterly statement data for calendar-year 2010, to be completed according to the instructions provided by the department, due on or before May 15, August 15, and November 15, 2010.

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

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

    (B) 2010 Health Quarterly Statement electronic filing and PDF filing, 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) Statement of Actuarial Opinion, due on or before March 1, 2010, prepared in accordance with the "2009 Annual Statement Instructions, Health;" and

    (E) Management Discussion and Analysis, due on or before April 1, 2010.

(i) Requirements for farm mutual insurers not subject to the provisions of subsection (e) of this section. Farm mutual insurance companies not subject to subsection (e) of this section shall file the following blanks and forms for the 2009 calendar year with the department only, on or before March 1, 2010:

  (1) Annual Statement (Texas Edition);

  (2) Texas Overhead Assessment Exemption Form (Texas Edition). 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

  (3) Statement of Actuarial Opinion, unless exempted under §7.31 of this subchapter (relating to Annual Statement Instructions for Farm Mutual Insurance Companies).

(j) Requirements for statewide mutual assessment associations, local mutual aid associations, mutual burial associations and exempt associations. Each statewide mutual assessment association, local mutual aid association, mutual burial association and exempt association shall complete and file the following blanks and forms for the 2009 calendar year with the department only, on or before April 1, 2010:

  (1) Annual Statement (Texas Edition) (exempt companies are required to complete all pages except lines 22, 23, 24, 25, and 26 on page 3, the special instructions at the bottom of page 3, and pages 4 - 7);

Cont'd...

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