SECTION 5.9970. Personal Automobile Insurance Consumer Bill of Rights

(a) For purposes of this section, "insurer" means an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's plan, or other legal entity authorized to write personal automobile insurance in this state. The term includes an affiliate, as described by Insurance Code §823.003(a), if that affiliate is authorized to write and is writing personal automobile insurance in this state.

(b) The Texas Department of Insurance adopts the 2021 version of the Consumer Bill of Rights - Personal Automobile Insurance (Auto Bill of Rights), and the Spanish language translation, as developed and submitted by the Office of Public Insurance Counsel:

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(c) All insurers writing personal automobile insurance policies must provide with each new policy of personal automobile insurance a copy of the 2021 version of the Auto Bill of Rights. At the consumer's request, the insurer may provide an electronic copy of the Auto Bill of Rights instead of a hard copy. The insurer must provide the Auto Bill of Rights with each renewal notice for personal automobile insurance unless the insurer has previously provided the policyholder with the 2021 version of the Auto Bill of Rights.

(d) The Auto Bill of Rights must appear in no less than 10-point type and be on separate pages with no other text on those pages.

(e) Insurers must provide the Spanish language version of the 2021 version of the Auto Bill of Rights to any consumer who requests it.

(f) Insurers must provide the applicable Auto Bill of Rights included in this section beginning November 15, 2021. Before that date, insurers may provide the Auto Bill of Rights either as it is currently included in this section or as it was included in this section as the section was amended to be effective January 31, 2013.

Source Note: The provisions of this §5.9970 adopted to be effective April 19, 2005, 30 TexReg 2231; amended to be effective January 31, 2013, 37 TexReg 9096; amended to be effective May 16, 2021, 46 TexReg 3141