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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER ETEXAS WINDSTORM INSURANCE ASSOCIATION
DIVISION 1PLAN OF OPERATION
RULE §5.4040Report Generation Module

(a) Not later than 30 days after a policyholder files a residential slab claim, the association must:

  (1) notify the policyholder that the association will use the wind damage evaluation method; and

  (2) send the policyholder a request for any information the policyholder has on:

    (A) wind speed and direction, and surge and waves, at the site of the structure for the duration of the applicable storm;

    (B) damage to the structure during the applicable storm; and

    (C) new information on the characteristics of the structure. When it sends the request for information, the association must also send the policyholder a copy of the association's current data in the property database on the structure's characteristics.

(b) If the association sends a letter under Insurance Code §2210.573(b), the letter may include the request required under subsection (a)(2) of this section.

(c) At the same time that the association provides the information required in Insurance Code §2210.573(d), the association must also provide to the policyholder a complete residential slab claim report and a summary of the results of the wind damage evaluation. A complete residential slab claim report contains the percentage of damage to each component of the structure, as determined in the damage estimation module, and all the information that the association used in making that determination, including the following:

  (1) information on the characteristics of the structure;

  (2) wind and wave and surge time histories; and

  (3) all information used in the observational approach.

(d) An extension under Insurance Code §2210.573(d) also applies to the deadlines in this section.


Source Note: The provisions of this §5.4040 adopted to be effective March 28, 2017, 42 TexReg 1459

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