| (a) For purposes of this section, "insurer" means an
insurance company, reciprocal or interinsurance exchange, mutual insurance
company, capital stock company, county mutual insurance company, Lloyd's
plan, or other legal entity authorized to write personal automobile
insurance in this state. The term includes an affiliate, as described
by Insurance Code §823.003(a), if that affiliate is authorized
to write and is writing personal automobile insurance in this state.
(b) The Texas Department of Insurance adopts the 2021
version of the Consumer Bill of Rights - Personal Automobile Insurance
(Auto Bill of Rights), and the Spanish language translation, as developed
and submitted by the Office of Public Insurance Counsel:
Attached Graphic
Attached Graphic
(c) All insurers writing personal automobile insurance
policies must provide with each new policy of personal automobile
insurance a copy of the 2021 version of the Auto Bill of Rights. At
the consumer's request, the insurer may provide an electronic copy
of the Auto Bill of Rights instead of a hard copy. The insurer must
provide the Auto Bill of Rights with each renewal notice for personal
automobile insurance unless the insurer has previously provided the
policyholder with the 2021 version of the Auto Bill of Rights.
(d) The Auto Bill of Rights must appear in no less
than 10-point type and be on separate pages with no other text on
those pages.
(e) Insurers must provide the Spanish language version
of the 2021 version of the Auto Bill of Rights to any consumer who
requests it.
(f) Insurers must provide the applicable Auto Bill
of Rights included in this section beginning November 15, 2021. Before
that date, insurers may provide the Auto Bill of Rights either as
it is currently included in this section or as it was included in
this section as the section was amended to be effective January 31,
2013.
|
| Source Note: The provisions of this §5.9970 adopted to be effective April 19, 2005, 30 TexReg 2231; amended to be effective January 31, 2013, 37 TexReg 9096; amended to be effective May 16, 2021, 46 TexReg 3141 |
