| (a) Purpose and applicability.
(1) The purpose of this section is to establish requirements
for the reporting of catastrophe-related data by insurers under Insurance
Code Chapter 38, Subchapter E and Insurance Code §38.001.
(2) This section applies to all reports required to
be filed under the Texas Catastrophe Event Statistical Plan for Personal
and Commercial Risks for reporting dates beginning on or after the
effective date of the plan. Insurers must report their claim and loss
experience after each specified catastrophe event. Insurers are not
required to report data under the statistical plan until TDI has activated
the statistical plan for a specific event and requested information
under Insurance Code §38.001 through a bulletin on TDI's website
at www.tdi.texas.gov.
(b) Data reporting notice. TDI will notify insurers,
including surplus lines and farm mutual insurers, of data reporting
under the Texas Catastrophe Event Statistical Plan for Personal and
Commercial Risks by posting a data request under Insurance Code §38.001
through a bulletin on TDI's website at www.tdi.texas.gov.
(c) Response requirements. A response must comply with
the reporting requirements and instructions specified in the Texas
Catastrophe Event Statistical Plan for Personal and Commercial Risks
adopted by reference in subsection (e) of this section.
(d) Confidential information. Under Insurance Code §38.001(d),
a response made under this section, whether to a statistical agent
or to TDI, that is otherwise privileged or confidential by law remains
privileged or confidential until introduced into evidence at an administrative
hearing or in a court. Insurers should identify what documents are
privileged or confidential in their responses.
(e) Adoption by reference. The Commissioner adopts
by reference the Texas Catastrophe Event Statistical Plan for Personal
and Commercial Risks, First Edition, August 2020. This document is
published by TDI and is available on TDI's website at www.tdi.texas.gov.
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