SECTION 5.4190. Annual Premium Surcharge Report

(a) This section applies to an insurer that, during the calendar year, wrote any of the following types of insurance: commercial fire; commercial allied lines; farm and ranch owners; residential property insurance; commercial multiple peril (nonliability portion); private passenger automobile no fault (personal injury protection (PIP)); other private passenger automobile liability; private passenger automobile physical damage; commercial automobile no fault (PIP); other commercial automobile liability; or commercial automobile physical damage.

(b) No later than 90 days following the end of a calendar year in which an association surcharge was in effect, the association must provide the department with an annual premium surcharge report for the calendar year.

(c) No later than 90 days following the end of a calendar year in which a contingent surcharge was in effect, each insurer must provide the association with an annual premium surcharge report for the calendar year unless contingent surcharges were in effect for less than 45 days within the calendar year.

(d) Annual premium surcharge reports must provide information for each insurance company writing property or casualty insurance in the State of Texas, including affiliated surplus lines insurers, and affiliated insurers not authorized to engage in the business of insurance that issued independently procured insurance policies covering insured property in the State of Texas.

(e) Annual premium surcharge reports must provide information for the following annual statement lines of business: fire; allied lines; farmowners multiple peril; homeowners multiple peril; commercial multiple peril (nonliability portion); private passenger automobile no fault (PIP); other private passenger automobile liability; private passenger automobile physical damage; commercial automobile no fault (PIP); other commercial automobile liability; or commercial automobile physical damage for which the insurer reported premium for the applicable calendar year.

(f) Annual premium surcharge reports must provide the following information:

(1) the name and contact information of the individual responsible for submitting the report;

(2) the five-digit NAIC number of the insurance company;

(3) the name of the insurance company;

(4) for policies with effective dates, or multiyear policies with anniversary dates, within the calendar year, separately for each surcharge period in effect during the calendar year, and within each surcharge period in effect during the calendar year for all applicable lines of business:

(A) for all policies subject to a premium surcharge:

(i) the total written premium attributable to insured property located in the catastrophe area; and

(ii) the total written premium attributable to insured property located outside the catastrophe area; and

(B) the total written premium for policies not subject to a premium surcharge because the policyholder had no insured property located in the catastrophe area;

(5) for policies effective in portions of the calendar year when no surcharge period was in effect, or in the case of multiyear policies with an anniversary date in portions of the calendar year when no surcharge was in effect, the total written premium;

(6) the total amount of premium surcharges collected during the applicable calendar year; and

(7) the total amount of premium surcharges remitted to the association during the applicable calendar year.

(g) The association must:

(1) review the reports submitted to it under this section as necessary to determine:

(A) the consistency of contingent surcharges actually remitted to the association or deposited directly into the premium surcharge trust fund or funds, with contingent surcharges shown in the reports as collected and the contingent surcharges shown in the reports as remitted to the association or deposited directly into the premium surcharge trust fund or funds; and

(B) the consistency of premiums shown in the reports as attributable to the catastrophe area with contingent surcharges shown in the reports as collected by the insurer, given the requirements regarding the determination of contingent surcharges in this division;

(2) inform the department of any insurer the association believes may not be in compliance with the rules established under this division; and

(3) before July 1 on each year reports are required to be submitted to the association, provide an aggregate summary of the reports to the department.

Source Note: The provisions of this §5.4190 adopted to be effective February 16, 2011, 36 TexReg 784; amended to be effective June 12, 2014, 39 TexReg 4463; amended to be effective March 9, 2016, 41 TexReg 1697