| (a) Purpose and applicability.
(1) The purpose of this section is to establish the
form and content of the notice required under Insurance Code §32.104(b),
concerning Duties of Insurer.
(2) This section applies to insurers that comprise
the top-25 insurance groups in the national market and that issue
residential property insurance or personal automobile insurance policies
in this state, including a Lloyd's plan, a reciprocal or interinsurance
exchange, a county mutual insurance company, a farm mutual insurance
company, the Texas Windstorm Insurance Association, the FAIR Plan
Association, and the Texas Automobile Insurance Plan Association.
(3) This section applies to all residential property
insurance and personal automobile insurance policies that are delivered,
issued for delivery, or renewed in this state on or after January
1, 2008.
(b) Notice requirements. Insurers must comply with
either subsection (b)(1) or (b)(2) of this section or may opt to comply
with both.
(1) Notwithstanding the requirements in §1.601(a)(2)
of this title (relating to Notice of Toll-Free Telephone Numbers and
Information and Complaint Procedures), the insurer must include the
text in subparagraphs (A) and (B) of this paragraph in the notice
required under §1.601(a)(2) of this title with each policy specified.
The text must be in a type size no smaller than 10 point. The heading
"To compare policies and prices" must be in bold type. The website
address "HelpInsure.com" must be in bold type and must be preceded
by one blank line.
(A) "To compare policies and prices: Visit HelpInsure.com
to compare prices and coverages on home and auto insurance policies.
The website is a service of the Texas Department of Insurance and
the Office of Public Insurance Counsel" in the English portion.
(B) "Para comparar pólizas y precios: Visite
HelpInsure.com para comparar precios y coberturas en pólizas
de seguro para el hogar y automóvil. El sitio web es un servicio
del Departamento de Seguros de Texas y de la Oficina del Asesor Público
de Seguros (Office of Public Insurance Counsel, por su nombre en inglés)"
in the Spanish portion.
(C) Insurers must begin using the notice form described
in this paragraph no later than July 1, 2023. Insurers may continue
using the previous notice form until that time.
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(2) The insurer must provide the following notice in
a conspicuous manner with each policy. The notice must be printed
in type size that is at least as large as the type used for the main
body of the policy, and it must be preceded and followed by at least
one blank line. "Insurance Website Notice" and "Aviso del Sitio Web
de Seguros" must be in all capital letters and bold type and "HelpInsure.com"
must be in bold type. Insurers must begin using the notice described
in this paragraph no later than May 1, 2020. Insurers may continue
using the previous notice until that time.
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| Source Note: The provisions of this §1.602 adopted to be effective January 8, 2008, 33 TexReg 186; amended to be effective June 1, 2015, 40 TexReg 3174; amended to be effective November 4, 2019, 44 TexReg 6541; amended to be effective June 7, 2023, 48 TexReg 2854 |
