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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER MFILING REQUIREMENTS
DIVISION 5FILINGS MADE EASY - REQUIREMENTS FOR PROPERTY AND CASUALTY POLICY FORM AND ENDORSEMENT FILINGS
RULE §5.9321General Filing Requirements

(a) Filings must be submitted for only one line of insurance except for multi-peril and interline filings.

(b) Filings submitted under this division may not be combined with any other filing types submitted under this subchapter.

(c) Filings must contain the following:

  (1) the transmittal information required in §5.9310 of this title (relating to Property and Casualty Transmittal Information and General Filing Requirements);

  (2) a copy of the proposed policy forms or endorsements;

  (3) a form number for each proposed form;

  (4) an edition date for each proposed form, if applicable;

  (5) the TDI file number for the previously approved policy to which the proposed form will be attached, if applicable;

  (6) a form usage table that includes:

    (A) the form name and form number for each proposed form;

    (B) information indicating whether each proposed form is optional, mandatory, or conditional mandatory. For conditional mandatory forms, the filer must submit an addendum that describes the conditions that make each form mandatory. For filings other than personal automobile, residential property, or personal multi-peril, the filer may describe the conditions elsewhere in the filing; and

  (7) a memorandum that contains:

    (A) a detailed explanation of the reasons for the filing;

    (B) a description of the proposed policy forms or endorsements; and

    (C) an explanation of each policy form and endorsement's use, which may include for example, the type of risk or risks for which the forms or endorsements will be used.

  (8) All provisions required by statute, administrative rule, or Commissioner's order. Filers may add the required provisions to a policy form by including a Texas amendatory endorsement. The filing must include the amendatory endorsement, or the filing may reference an approved amendatory endorsement that applies to the policy forms in the filing.

  (9) For amended policy forms or endorsements, copies of the previously approved or adopted policy forms or endorsements indicating the differences between the approved or adopted policy forms or endorsements and the filed policy forms or endorsements. New text must be underlined, and deleted text must be in brackets with a strikethrough. Alternatively, the changes can be indicated by other clearly identified or highlighted editorial notations referencing new and replaced text. The marked changes must be in a separate single document for each filed form.

  (10) For personal automobile and residential property insurance, a filing must meet the statutory requirements for plain language in policies required by Commissioner's Order No. 92-0573, or any superseding Commissioner's order. The filing must also include the Flesch Reading Ease Test readability score for the filed forms or endorsements.


Source Note: The provisions of this §5.9321 adopted to be effective July 28, 2019, 44 TexReg 3640

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