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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 28. INSURANCE |
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PART 1. TEXAS DEPARTMENT OF INSURANCE |
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CHAPTER 5. PROPERTY AND CASUALTY INSURANCE |
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SUBCHAPTER E. TEXAS WINDSTORM INSURANCE ASSOCIATION |
| DIVISION 1. PLAN OF OPERATION |
| § 5.4001. Plan of Operation |
| § 5.4007. Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made Prior to September 1, 1998 |
| § 5.4011. Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After January 1, 2008, and before April 1, 2020 |
| § 5.4012. Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired, or to Which Additions Are Made on or after April 1, 2020 |
| § 5.4021. Agent Requirements |
| § 5.4023. Per Risk Reinsured Excess Coverage |
| § 5.4029. Applicability and Effective Date of 28 TAC §§5.4029 - 5.4041 |
| § 5.4030. Definitions Applicable to §§5.4029 - 5.4041 |
| § 5.4031. Wind Damage Evaluation |
| § 5.4032. Property Database |
| § 5.4033. Hazard Module |
| § 5.4034. Hazard Module - Wind Measurements |
| § 5.4035. Hazard Module - Wind Field Model |
| § 5.4036. Hazard Module - Storm Surge and Wave Measurements |
| § 5.4037. Hazard Module - Storm Surge and Wave Model |
| § 5.4038. Use of Damage Estimation Module |
| § 5.4039. Economic Loss Module |
| § 5.4040. Report Generation Module |
| § 5.4041. Incorporation by Reference |
| DIVISION 3. LOSS FUNDING, INCLUDING CATASTROPHE RESERVE TRUST FUND, FINANCING ARRANGEMENTS, AND PUBLIC SECURITIES |
| § 5.4101. Applicability |
| § 5.4102. Definitions |
| § 5.4111. Operation of the Catastrophe Reserve Trust Fund |
| § 5.4112. Termination of Catastrophe Reserve Trust Fund |
| § 5.4113. Investments of Catastrophe Reserve Trust Fund |
| § 5.4114. Disbursements from the Catastrophe Reserve Trust Fund |
| § 5.4121. Financing Arrangements |
| § 5.4123. Public Securities Request, Approval, and Issuance |
| § 5.4124. Issuance of Class 1 Public Securities before a Catastrophic Event |
| § 5.4125. Issuance of Public Securities after a Catastrophic Event |
| § 5.4126. Determination of the Association Surcharge Percentage |
| § 5.4127. Contingent Sources of Payment for Class 2 and Class 3 Public Securities |
| § 5.4133. Public Security Proceeds |
| § 5.4134. Excess Public Security Proceeds |
| § 5.4135. Marketable Public Securities; the Amount of Class 1 Public Securities that Cannot be Issued; Market Conditions and Requirements; and Cost-Benefit Analysis |
| § 5.4136. Association Rate Filings |
| § 5.4141. Class 1 Public Security Trust Fund |
| § 5.4142. Class 2 and Class 3 Public Security Trust Funds |
| § 5.4143. Premium Surcharge Trust Fund |
| § 5.4144. Excess Premium Surcharge Revenue |
| § 5.4145. Excess Net Premium and Other Revenue |
| § 5.4160. Member Assessments to Pay for Reinsurance in Excess of the Association's Statutory Minimum Funding Level |
| § 5.4161. Member Assessments Other than Assessments for Reinsurance in Excess of the Association's Statutory Minimum Funding Level |
| § 5.4162. Amount of Assessment |
| § 5.4163. Notice of Assessment |
| § 5.4164. Payment of Assessment |
| § 5.4165. Failure to Pay Assessment |
| § 5.4166. Contest After Payment of Assessment |
| § 5.4167. Inability to Pay Assessment by Reason of Insolvency |
| § 5.4171. Premium Surcharge Requirements |
| § 5.4172. Premium Surcharge Definitions |
| § 5.4173. Determination of the Contingent Surcharge Percentage |
| § 5.4181. Premiums to be Surcharged |
| § 5.4182. Method for Determining the Premium Surcharges |
| § 5.4184. Application of Premium Surcharges |
| § 5.4185. Mandatory Premium Surcharge Collection |
| § 5.4186. Remittance of Contingent Surcharges |
| § 5.4187. Offsets |
| § 5.4188. Association Surcharges not Subject to Commissions or Premium Taxes; Contingent Surcharges Not Subject to Commissions |
| § 5.4189. Notification Requirements |
| § 5.4190. Annual Premium Surcharge Report |
| § 5.4191. Premium Surcharge Reconciliation Report |
| § 5.4192. Data Collection |
| DIVISION 4. CONSUMER ASSISTANCE; CLAIM PROCESSES |
| § 5.4200. Definitions |
| § 5.4201. Coastal Outreach and Assistance Services Team (COAST) Program |
| § 5.4202. Good Cause Extensions Under Insurance Code §2210.205 |
| § 5.4203. Good Cause Extensions for Insurance Code §2210.573(b) and (d) and §2210.5741(b) |
| § 5.4204. Supplemental Payments |
| § 5.4211. Appraisal Process |
| § 5.4212. Appraisal Process - Appraiser Qualifications and Conflicts of Interest |
| § 5.4213. Appraisal Process - Appraiser Obligations |
| § 5.4214. Appraisal Process - Umpire Qualifications and Conflicts of Interest |
| § 5.4215. Appraisal Process - Umpire Roster |
| § 5.4216. Appraisal Process - Removal of Umpire from Roster |
| § 5.4217. Appraisal Process - Umpire Selection by Department |
| § 5.4218. Appraisal Process - Umpire Obligations |
| § 5.4219. Appraisal Process - Additional Obligations for Department-Selected Umpires |
| § 5.4220. Appraisal Process - Prohibited Communications |
| § 5.4221. Appraisal Process - Costs |
| § 5.4222. Appraisal Process - Extensions of Deadlines |
| § 5.4231. Mediation Process |
| § 5.4232. Mediation Process - Mediator Qualifications and Conflicts of Interest |
| § 5.4233. Mediation Process - Mediator Roster |
| § 5.4234. Mediation Process - Removal of Mediator from Roster |
| § 5.4235. Mediation Process - Mediator Selection by Department |
| § 5.4236. Mediation Process - Mediator Obligations |
| § 5.4237. Mediation Process - Additional Obligations for Department-Selected Mediators |
| § 5.4238. Mediation Process - Association Obligations |
| § 5.4239. Mediation Process - Claimant Obligations and Privileges |
| § 5.4240. Mediation Process - Costs |
| § 5.4241. Mediation Process - Deadlines and Extensions |
| § 5.4251. Requests and Submissions to the Department |
| § 5.4252. Objections |
| § 5.4253. Contract Administrator |
| § 5.4260. Composition of the Expert Panel |
| § 5.4261. Qualifications and Application |
| § 5.4262. Conflicts of Interest |
| § 5.4263. Selection |
| § 5.4264. Expert Panel Term |
| § 5.4265. Removal of Expert Panel Member |
| § 5.4266. Expert Panel Duties |
| § 5.4267. Expert Panel Meetings |
| § 5.4268. Contracting, Compensation, and Expenses |
| DIVISION 5. DEPOPULATION PROGRAMS |
| § 5.4301. Definitions |
| § 5.4302. Policy Forms, Endorsements, and Rates |
| § 5.4303. Generally Comparable Coverage |
| § 5.4304. Limited Service Agreement |
| § 5.4305. Electronic Information Repository |
| § 5.4306. Voluntary Market Depopulation Program |
| § 5.4307. Assumption Reinsurance Program |
| § 5.4308. Effect on Existing Contracts |
| § 5.4309. Repository Information |
| DIVISION 7. INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE |
| § 5.4601. Definitions |
| § 5.4603. Windstorm Inspection Forms |
| § 5.4604. Certification Form for Completed Improvement |
| § 5.4605. Items Not Requiring an Inspection for the Purposes of Windstorm and Hail Insurance Coverage through the Texas Windstorm Insurance Association |
| § 5.4606. Supporting Evidence for Sealed Postconstruction Evaluation Report and Design for Certificate of Compliance for Completed Improvement |
| § 5.4607. Requirements for the Appointment of Temporary Qualified Windstorm Inspectors for a Limited Period on an As-needed Basis |
| § 5.4608. Certification by TDI-Employed Windstorm Inspectors |
| § 5.4609. Application for Qualified Inspector Appointment |
| § 5.4610. Renewal of Qualified Inspector Appointment |
| § 5.4612. Appointment as Qualified Inspector |
| § 5.4615. General Responsibilities of Appointed Qualified Inspectors |
| § 5.4620. Accountability of Appointed Qualified Inspector |
| § 5.4621. Certification of Ongoing Improvements Inspected by Appointed Qualified Inspectors |
| § 5.4622. Inspection Verification |
| § 5.4623. Information Required to Inspect to Design Documents |
| § 5.4625. Inspection Reports |
| § 5.4626. Substantiating Information |
| § 5.4640. Oversight |
| § 5.4642. Disciplinary Action |
| DIVISION 8. RATES |
| § 5.4700. Rate Reduction |
| § 5.4701. Requests for Additional Supporting Information |
| § 5.4702. Requirement for Vote of Rate Filing and Prohibition on Purchasing Reinsurance from Certain Insurers or Brokers |
| DIVISION 10. ELIGIBILITY AND FORMS |
| § 5.4902. Additional Requirements |
| § 5.4903. Declination of Coverage |
| § 5.4904. Flood Insurance |
| § 5.4905. Minimum Retained Premium |
| § 5.4906. Renewal Premium Grace Period |
| § 5.4908. Alter and Alteration |
| § 5.4911. Insurance Policy Forms, Endorsements, Manual Rules, Application Forms, and Underwriting Guidelines |
| § 5.4912. Filing and Issuance of Policy Forms Relating to Premium Surcharges under Insurance Code §§2210.612, 2210.613, and 2210.6131 |