SECTION 5.5201. Exempt Commercial Lines

(a) The purpose of this section is to identify commercial lines of insurance that the commissioner of insurance has determined should be exempt from the rate filing requirements in Insurance Code Chapter 2251, Subchapter C, concerning Rate Filings, and the form filing requirements in Insurance Code Chapter 2301, Subchapter A, concerning Policy Forms Generally. These exemptions are in addition to the exceptions for certain lines of insurance listed in Insurance Code §2251.0031(a), concerning Exceptions for Certain Lines, and Insurance Code §2301.0031(a), concerning Exceptions for Certain Lines.

(b) The rate filing requirements in Insurance Code Chapter 2251, Subchapter C, and the form filing requirements in Insurance Code Chapter 2301, Subchapter A, do not apply to any line of the following kinds of insurance written under a commercial insurance policy or contract:

(1) commercial credit insurance products that cover outstanding commercial debt, including trade credit insurance and commercial guaranteed auto protection (GAP) insurance;

(2) crime insurance;

(3) fidelity and surety products, whether referred to as a bond or insurance, including products that cover crime, forgery, and employee dishonesty;

(4) financial guaranty;

(5) glass insurance;

(6) hail insurance on farm crops;

(7) rain insurance;

(8) employee benefits liability;

(9) liquor liability;

(10) owners and contractors protective liability;

(11) railroad protective liability; or

(12) commercial tuition withdrawal insurance.

Source Note: The provisions of this §5.5201 adopted to be effective December 31, 2023, 48 TexReg 7999