SECTION 5.301. Loss Control Information

Any insurer desiring to write commercial automobile liability insurance in Texas shall provide loss control information to policyholders. The term "information" includes, 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 vehicle maintenance and inspection, safe driving techniques, and supervisory techniques to include recordkeeping; and conclusions and recommendations resulting from surveys of policyholders' operations and facilities. The specific method or methods to be used to provide this information to the 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. Type of operation, probability of catastrophic accidents, probability of serious accidents, and probability of frequent accidents shall be considered.

(2) Exposures. Total number of vehicles, type of vehicles, type of cargo carried, number of locations, number of drivers, and number of miles driven per year 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 accident prevention activities, acceptance of loss control information, recommendation compliance, and unusual circumstances should be considered.

Source Note: The provisions of this §5.301 adopted to be effective November 9, 1990, 15 TexReg 6189.