SECTION 5.4192. Data Collection

(a) The department may request from each insurer the information necessary to enable the department to determine the premium surcharge percentage applicable to policyholders with insured property located in the catastrophe area.

(b) For lines of insurance subject to this division for policies in force on or after October 1, 2011, each insurer must maintain sufficient records to report, for policies where the premium surcharge was, or would be determined under this division, the total written premium attributable to insured property located in the catastrophe area.

(c) When possible, and practical, the department will obtain information from the Texas Surplus Lines Stamping Office prior to requesting information from affiliated surplus lines insurers.

(d) Nothing in subsection (c) of this section should be read to mean that subsections (a) and (b) of this section do not apply to affiliated surplus lines insurers.

(e) Nothing in this section limits the department's authority to obtain information from insurers under the Insurance Code.

Source Note: The provisions of this §5.4192 adopted to be effective February 16, 2011, 36 TexReg 784; amended to be effective June 12, 2014, 39 TexReg 4463