SECTION 15.5. Minimum Content of Contracts  


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  • (a) Each new or renewal insurance contract, policy, certificate, cover note, or other confirmation of insurance purchased and delivered as surplus lines coverage under the Insurance Code must contain, at a minimum:

    (1) the information required by Insurance Code §981.101;

    (2) a statement designating the name and address of the individual to whom the Commissioner will mail service of process in accordance with the Insurance Code; and

    (3) a stamping fee.

    (b) As provided by Insurance Code §981.073(b), Insurance Code §981.101(b) does not apply to a new or renewal insurance contract, policy, certificate, cover note, or other confirmation of insurance purchased and delivered as surplus lines coverage under Insurance Code Chapter 981 if issued by a domestic surplus lines insurer.

    (c) Under Insurance Code §981.076, a domestic surplus lines insurer must include with each new or renewal insurance contract, policy, certificate, cover note, or other confirmation of insurance purchased and delivered as surplus lines coverage under the Insurance Code the following statement: "This insurance contract is issued and delivered as surplus lines coverage under the Texas Insurance Code. The insurer is not a member of the property and casualty insurance guaranty association created under Insurance Code Chapter 462. Insurance Code Chapter 225 requires payment of a __________ (insert appropriate tax rate) percent tax on gross premium."

Source Note: The provisions of this §15.5 adopted to be effective December 30, 2018, 43 TexReg 8455