| (a) The Texas Department of Insurance (TDI) will provide
to the public through its toll-free telephone number the information
specified by the Insurance Code §521.052, including information
collected or maintained by TDI relating to the number and disposition
of complaints received against an insurer that are justified, verified
as accurate, and documented as valid, expressed as a percentage of
the total number of insurance policies written by the insurer and
in force on December 31 of the preceding year.
(b) TDI considers a complaint justified if the complaint
is a confirmed complaint.
(c) A "confirmed complaint" is a complaint for which
TDI receives information indicating that:
(1) an insurer committed any violation of:
(A) an applicable state insurance law or regulation;
(B) a federal requirement TDI has authority to enforce;
or
(C) the term or condition of an insurance policy or
certificate; or
(2) the complaint and insurer's response, considered
together, suggest that the insurer was in error or that the complainant
had a valid reason for the complaint.
(d) To determine the percentage described in subsection
(a) of this section and required by Insurance Code §521.052,
policy count information must be:
(1) prepared in accordance with the Policy Count Exhibit
Form and Instructions, which are adopted by reference; and
(2) submitted only to TDI electronically as instructed
on the Policy Count Exhibit Form and Instructions as part of the insurer's
annual statement under §7.68 of this title.
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