SECTION 22.5. Examples of Continuing Relationship

(a) The following examples illustrate situations where a consumer has a continuing relationship with a covered entity:

(1) the consumer is a current policyholder of an insurance product issued by or through the covered entity; or

(2) the consumer obtains financial, investment or economic advisory services relating to an insurance product or service from the covered entity for a fee.

(b) The following examples illustrate situations where a consumer does not have a continuing relationship with a covered entity:

(1) the consumer applies for insurance but does not purchase the insurance;

(2) the covered entity sells the consumer insurance in an isolated transaction involving single-event types of coverage including, but not limited to, auto rental liability, travel, and short-term non-resident auto liability insurance;

(3) the individual is no longer a current policyholder of an insurance product or no longer obtains insurance services with or through the covered entity;

(4) the consumer is a beneficiary or claimant under a policy even though the consumer has submitted a claim under a policy choosing a settlement option involving an ongoing relationship with the covered entity;

(5) the consumer is a beneficiary or a claimant under a policy and has submitted a claim under that policy choosing a lump sum settlement option;

(6) the customer's policy is lapsed, expired, or otherwise not in force, and the covered entity has not communicated with the customer about the relationship for a period of 12 consecutive months, other than annual privacy notices, material required by law or regulation, communication at the direction of a state or federal authority, or promotional materials;

(7) the individual is an insured or an annuitant under an insurance policy or annuity, respectively, but is not the policyholder or owner of the insurance policy or annuity; or

(8) the individual's last known address according to the covered entity's records is deemed invalid, which occurs when:

(A) mail sent to that address by the covered entity has been returned by the postal authorities as undeliverable, and

(B) subsequent attempts by the covered entity to obtain a current valid address for the individual have been unsuccessful.

Source Note: The provisions of this §22.5 adopted to be effective December 17, 2001, 26 TexReg 10316