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RULE §217.105Insurance Company Claims

(a) Place of application. A title application for an original title must be filed with the county tax assessor-collector along with any required documentation and the required fee.

(b) Information to be included on application. An insurance company must file an application on a form prescribed by the department.

(c) Evidence of motor vehicle ownership.

  (1) Evidence of motor vehicle ownership properly assigned to the insurance company must accompany the application for a title, except as provided by paragraph (2) of this subsection. Evidence must include documentation sufficient to show ownership of the motor vehicle, such as:

    (A) a Texas Title;

    (B) a certified copy of a Texas Title;

    (C) a manufacturer's certificate of origin;

    (D) a comparable ownership document issued by another jurisdiction; and

    (E) evidence indicating that the insurance company is:

      (i) licensed to do business in Texas; or

      (ii) not licensed to do business in Texas, but has paid a loss claim for the motor vehicle in this state.

  (2) An insurance company that acquires ownership, or possession of a motor vehicle through payment of a claim may apply for a title to be issued in the insurance company's name without obtaining an ownership document or if it received an ownership document without the proper assignment of the owner on the motor vehicle ownership document if:

    (A) the company is unable to obtain a title in accordance with paragraph (1) of this subsection;

    (B) the application is not made earlier than the 30th day after the date of payment of the claim; and

    (C) the application includes:

      (i) a statement that the insurance company has provided at least two written notices to the owner and any lienholder of record, attempting to obtain the title or proper assignment of title for the motor vehicle; and

      (ii) a copy of the payment document indicating the insurance company has made payment of a claim involving the motor vehicle.

(d) Insurance claims concerning salvage or non-repairable vehicle titles are provided for in §217.84 of this title (relating to Application for Non-repairable or Salvage Vehicle Title).

Source Note: The provisions of this §217.105 adopted to be effective March 12, 2015, 40 TexReg 1096

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