SECTION 5.1721. Loss Control Information

Any insurer desiring to write professional liability insurance for insureds other than hospitals, to write general liability insurance, or to write medical professional liability insurance for insureds other than hospitals in Texas shall provide loss control information to policyholders. The term "information" may include, but is not limited to, loss data and the results of analysis of that data; training materials such as films, videotapes, brochures, signs, etc.; classes for the training of policyholder supervisory personnel in liability loss and hazard indication and analysis, selection of appropriate loss control measures, and supervisory techniques to include recordkeeping and recommendations resulting from surveys of policyholders and facilities; and monitoring personnel performance. The specific method or methods to be used to provide this information to a policyholder and the depth and quantity of the information provided are within the insurer's discretion but shall take into account the following.

(1) Risks. Classification by number and type of services provided, type of staff employed, and probability of accidents, or hazards with liability loss potential shall be considered.

(2) Exposures. Total number of employees, agents, or contractors; type of services/operations; number of locations; and number of contract services shall be considered.

(3) Loss experience. Loss ratio, frequency rate, and severity rate shall be considered.

(4) Other considerations. In addition to the foregoing factors, items such as the extent of policyholder loss prevention activities, acceptance of loss control information, recommendation compliance, and unusual circumstances should be considered.

Source Note: The provisions of this §5.1721 adopted to be effective November 9, 1990, 15 TexReg 6194.