Texas Administrative Code

Texas Administrative Code

TITLE 28	INSURANCE
PART 1	TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5	PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER M	FILING REQUIREMENTS
DIVISION 1	REQUIREMENTS FOR SHARING COMMERCIAL RISKS
RULE §5.9301	Commercial Risks Shared by Two or More Insurers

(a) This section applies in the event that the total limit of liability for a single commercial risk or account must be shared by two or more insurers as a result of either a single insurer not having the capacity to provide the total limit of liability for the single risk or account to be shared or as a result of a single insurer being unwilling to accept the total limit of liability for the single risk or account to be shared because it produces a more hazardous exposure.

(b) For purposes of this section, "lead insurer" shall mean the insurer providing coverage for the largest percentage of liability for a single commercial risk or account or the insurer designated by the insured as the lead insurer.

(c) The policy forms and endorsements issued to provide coverage on a single commercial risk or account which is shared by two or more insurers must be filed and approved for the lead insurer. Other insurers sharing such coverage on a single commercial risk or account with the lead insurer must use the filed and approved policy forms and endorsements of the lead insurer. These approved policy forms and endorsements may be used by such other insurers sharing such coverage without making a separate filing to the Texas Department of Insurance for approval.

(d) A notice indicating the name of the lead insurer must be placed on each policy of insurance issued to provide coverage on a single commercial risk or account which is shared by two or more insurers. The notice must contain the following or similar language: "The insurance provided for this (risk or account) is shared by two or more companies. The lead insurer is ___________."

Source Note: The provisions of this §5.9301 adopted to be effective September 29, 1993, 18 TexReg 6323; amended to be effective April 26, 1998, 23 TexReg 3835