Texas Compliance Overview

Texas Compliance Overview
2/19/2021 12:15:52 PM
      Contributory/Comparative Negligence
Contributory
• Not applicable
Not applicable
Comparative
• Modified Comparative Fault (51% bar)
Civil Prac. & Rem. Sec. 33.001
Proportionate Responsibility
      Minimum Limits
Minimal Limits (000) (Person/Accident/PD)
• 30/60/25
Transp. Sec. 601.072
Minimum Coverage Amounts; Exclusions
      UM/UIM
UM/UIM Separate Coverage
Yes.
Stacking Permitted
This information applies to both single and multiple policies.
No stacking within one policy, but multiple policies may be stacked unless clearly prohibited in the
policy.
(1) Regardless of the number of persons insured, policies or bonds applicable, vehicles involved, or
claims made, the total aggregate limit of liability to any one person who sustains bodily injury or
property damage as the result of a single occurrence may not exceed the limit of liability for those
coverages as stated in the insurance policy and that the total aggregate limit of liability to all claimants,
if more than one, may not exceed the total limit of liability per occurrence as stated in the policy.
Texas traditionally permits stacking of uninsured motorist coverage when different policies apply to the
same accident.
When the stacking prohibition contained in a policy is neither ambiguous nor violative of public policy,
the prohibition is held to be valid.
Unless it is clear from the terms of the policy that an added premium charge to a basic policy for
additional vehicles is for the purpose of increasing the policy limits, intra-policy stacking will not be
permitted, and the limits listed on the policy will control the maximum amount recovered from any
given policy.
Ins. Sec. 1952.104
REQUIRED PROVISIONS RELATING TO
UNINSURED OR UNDERINSURED MOTORIST
COVERAGE
United Services Auto. Asso. v. Hestilow, 754
S.W.2d 754 (TX 1988)
Upshaw v. Trinity Co., 842 S.W.2d 631 (TX
1992)
Upshaw v. Pleasant, 812 S.W.2d 353 (TX
1991)
UM/UIM Offset
Yes, UM/UIM payments are reduced by BI payments. Per case law, policy language can also provide for
an offset of PIP payments.
An insurer is entitled to the proceeds of any settlement or judgment resulting from the exercise of any
right of recovery of the person to whom the payment is made against any person or organization legally
responsible for the bodily injury, sickness, disease, or death for which the payment is made, including
the proceeds recoverable from the assets of an insolvent insurer.
Underinsured motorist coverage must provide for payment to the insured of all amounts that the
insured is legally entitled to recover as damages from owners or operators of underinsured motor
vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance
Ins. Sec. 1952.108
INSURER'S RIGHT OF RECOVERY
Ins. Sec. 1952.106
RECOVERY UNDER UNDERINSURED
MOTORIST COVERAGE
Laurence v. State Farm Mutual Automobile
Ins. Co., 984 S.W.2d 351 (TX 1999)

policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor
vehicle.
An auto insurance policy, which contains a clause allowing it to offset personal injury protection against
UM/UIM benefits to prevent a double recovery, does not violate the Insurance Code or Texas public
policy. Insurer cannot offset, however, where it would reduce the UM//UIM coverage below minimum
limits.
Statute of Limitations
4 years.
Although ultimate recovery depends upon proof of damages due to the tort of an uninsured third party,
the cause of action against the insurer arises by reason of the written contract.
Causes of action for breach of the duty of good faith and fair dealing and for breach of the uninsured
motorist provisions of an insurance policy accrue and the statute of limitations begins to run on the
date the insurance company denies the claim.
Four-Year Limitations Period
Franco v. Allstate Ins. Co., 505 S.W.2d 789
(TX 1974)
Webster v. Allstate Ins. Co., 833 S.W.2d 747
(TX 1992)
No Pay, No Play Law
No Pay, No Play Law
• No provision
No provision
Communication Time Limits
Days to Provide Necessary Claim Forms
• Within 15 days of notice of claim
Ins. Sec. 542.055
Receipt of Notice of Claim
28 TAC §21.203
Unfair Claim Settlement Practices
Days to Acknowledge Claim
• Within 15 days from notice of claim
• If not made in writing, make a record of date, manner and content of acknowledgment
Ins. Sec. 542.055
Receipt of Notice of Claim
Days to Respond to Correspondence
• Within 15 business days
• Within 30 days to provide insured under a liability policy information requested in writing
• 1st/3rd party policy limits: no provision
• Insurers responsible for data accuracy, even if provided by 3rd party
• Insurers encouraged to provide way for policyholder to review/correct data
28 TAC §21.203
Ins. Sec. 542.102
Request by Policyholder Under Property and
Casualty Insurance Policy
Ins. Sec. 542.103
Deadline for Providing Requested
Information
TX COMMISSIONER'S BULLETIN # B-0036-20
Insurers' Use of Third-Party Data
Days to Accept or Deny
• Within 15 business days of date all information to secure proof of loss is received; and within 45
days from a notice of additional time required
• Within 30 days, after receipt of all information to secure proof of loss, if reasonable basis to
believe loss resulted from arson
• Within 10 days from date of offer: Notify insured of settlement offer
Ins. Sec. 542.056
Notice of Acceptance or Rejection of Claim
28 TAC §21.203
Ins. Sec. 542.153
Notice Required
Disaster or Catastrophic Event Compliance Requirements
• Consolidated statistical data reporting after catastrophe
• Insurers not req'd to report until DOI activates requirement
• Insurers must comply w/TX Cat Event Statistical Plan for Personal/Commercial Risks
• If response otherwise confidential/privileged, will remain confidential/privileged until used in
court/admin hearing
• Insurers should note such privileged/confidential documents
• Insurers may petition TDI to declare an event a catastrophe
• Petition must included specified information and estimated loss must be $50 million+ and/or
estimated claims must be 10k+
28 TAC §5.9502
Texas Catastrophe Event Statistical Plan for
Personal and Commercial Risks
Ins. Sec. 542.059
Extension of Deadlines
28 TAC §5.9303
Definition of Catastrophe
TDI Catastrophe Data Call Reporting

• If TDI declares a catastrophe, claim-handling deadlines will be extended by 15 days
• Licensed companies must report if have direct written premium of $5 million or greater for listed
lines. (TDI Catastrophe Data Call Reporting Guidelines)
• Insurers must report by company and may not report data on group or all companies combined
basis. (TDI Catastrophe Data Call Reporting Guidelines)
• Insurers must report by ZIP codes listed for the catastrophe event. (TDI Catastrophe Data Call
Reporting Guidelines)
• Licensed insurers required to report for:
• Residential property - ACV policies
• Residential property - RCV policies
• Commercial property (other than business interruption) (Surplus reporting required too)
• Business interruption (Surplus reporting required too)
• Personal automobile physical damage
• Commercial automobile physical damage (Surplus reporting required too)
• Federal flood insurance Private flood insurance (Surplus reporting required too)
• All other lines of insurance. (Surplus reporting required too) (TDI Catastrophe Data Call Reporting
Guidelines)
• Companies must report the following data elements:
• Company ID
• Licensed insurers must use 5 digit NAIC company code. Farm mutual companies without a NAIC
company code must use their TDI company number.
• Reporting Date.
• ZIP Code.
• Number of claims reported.
• Number of claims closed with payment.
• Number of claims closed without payment.
• Amount of direct losses paid.
• Amount of direct case-incurred losses.
• Average number of days to close a claim.
• Estimated ultimate direct incurred loss.
• Estimated ultimate net incurred loss. (TDI Catastrophe Data Call Reporting Guidelines)
• Submissions are due 15 days after the applicable reporting date, or the next business day
following the 15th day if it falls on a weekend or holiday. (TDI Catastrophe Data Call Reporting
Guidelines)
• See also TX DOI Directives - Hurricane Harvey.
Guidelines

Texas Compliance Overview
2/19/2021 12:15:52 PM
      Aftermarket Parts
Guidelines
• Policy cannot limit coverage by brand, type, king, age, etc.
• Cannot limit repair facility choices, soliciting/accepting referral fee, suggesting a specific repair
shop/person be used, restricting beneficiary/3rd party right to choose repair shop or stopping
repairer from disclosing repair part information
• Cannot require 3rd party to have repairs done by specific person/shop or with specific type,
brand, etc. of part
• Must give 3rd party notice of rights
• Contracts between insurer and repair facility cannot reduce coverage
• Limitations in coverage must be clearly and prominently displayed on face of policy
Ins. Sec. 1952.301
Limitation on Parts, Products, or Repair
Persons or Facilities Prohibited
Ins. Sec. 1952.302
Prohibited Acts in Connection with Repair of
Motor Vehicle
Ins. Sec. 1952.304
Provision of Information Regarding Repairs
Ins. Sec. 1952.305
Notice of Rights Regarding Repair of Motor
Vehicle
Ins. Sec. 1952.303
Contracts Between Insurer and Repair
Person or Facility
Ins. Sec. 1952.307
Rules
      Anti-steering (Repair and Glass Shop Law)
Allowed to require repair or glass shop
• May not limit selection of repair person or facility
• May not suggest a specific repair shop must be used
• Must provide written and/or verbal notice of right to choose repair shop
• Cannot require estimate at a tied repair facility
Ins. Sec. 1952.301
Limitation on Parts, Products, or Repair
Persons or Facilities Prohibited
Ins. Sec. 1952.302
Prohibited Acts in Connection with Repair of
Motor Vehicle
28 TAC §5.501
Notice Requirements to Claimants Regarding
Motor Vehicle Repairs
Occup. Sec. 2307.006
Prohibitions
      Diminution
Diminution Allowed for 1st Party
• No, unless a UM/UIM claim
American Manufacturers Mutual Ins. Co. v.
Schaefer, 124 S.W.3d 154 (TX 2003)
TX COMMISSIONER'S BULLETIN #
B-0027-00
Payment of Diminished Value to
Policyholders
Diminution Allowed for 3rd Party
• Yes, if proved
B-0027-00
Policyholders
      Disclosure of Personal or Privileged Information

Disclosure of Personal or Privileged Information
• Requirements for notice and opt out do not apply if disclosure is to effect or administer a
transaction that consumer requests or authorizes
• Disclosure is allowed if necessary to process insurance claims
• Non-public health information may be disclosed for claims administration and management
28 TAC §22.18
Exceptions to Notice and Opt Out
Requirements for Disclosure of Nonpublic
Personal Financial Information for
Processing and Servicing Transactions
28 TAC §22.57
Exceptions
      Driving Under the Influence (DUI)
Driving Under the Influence (DUI)
• Intoxicated is .08 or more, or under influence of drugs, controlled substance, or combination
thereof
Penal Code Sec. 49.01
Definitions
      Adjuster Licensing
Staff Adjuster - License Required
• Yes, with exceptions
Ins. Sec. 4101.002
General Exemptions
Ins. Sec. 4101.102
Limited License
Staff Adjuster - Catastrophe Adjuster Requirements
• Commissioner may issue emergency license if application certified no later than 5th day after
began working as adjuster
• Effective 90 days unless extended
• Nonresident adjuster not required to hold a license to adjust losses arising out of a catastrophe
common to all those losses or act as a temporary substitute for a licensed adjuster
TX DOI Directives -- COVID-19
TX DOI Directives -- Severe Weather 2019
TX DOI Directives -- Hurricane Harvey
Ins. Sec. 4101.101
Emergency License
Ins. Sec. 4101.002
General Exemptions
Independent Adjuster - License Required
• Yes
Ins. Sec. 4101.001
Definitions
Ins. Sec. 4101.002
General Exemptions
Ins. Sec. 4101.102
Limited License
Independent Adjuster - Catastrophe Adjuster Requirements
TX DOI Directives -- COVID-19
TX DOI Directives -- Severe Weather 2019
TX DOI Directives -- Hurricane Harvey
Ins. Sec. 4101.101
Emergency License
Ins. Sec. 4101.002
General Exemptions
      Fraud
Mandatory Reporting Requirements
Required.
(a) Not later than the 30th day after the date the person makes the determination or reasonably
suspects that a fraudulent insurance act has been or is about to be committed in this state, the
person:
Ins. Sec. 701.051
DUTY TO REPORT
Ins. Sec. 701.109
REQUEST FOR INVESTIGATION BY INSURER

(1) shall report the information in writing to the insurance fraud unit of the department, in the format
prescribed by the fraud unit or by the National Association of Insurance Commissioners;
(2) may also report the information to another authorized governmental agency.
(b) A report made to the insurance fraud unit constitutes notice to each other authorized
governmental agency.
(a) An insurer who conducts an independent investigation of suspected insurance fraud is not required
to complete that investigation before requesting that the commissioner conduct an investigation.
Ins. Sec. 701.051 directs insurers, to report in writing suspected insurance fraud that has been or is
about to be committed to the Texas Department of Insurance Fraud Unit. Fraud reports should be
made in a format prescribed by TDI or to NAIC no later than 30 days after a determination of fraud is
made or a person reasonably suspects that insurance fraud has been or is about to be committed.
B-0005-08
REPORTING OF SUSPECTED INSURANCE
FRAUD
Downloadable Fraud Report Form FRO28 (to
email)
      Guest Statute
Guest Statute
• Held unconstitutional
Colvin v. Colvin, 291 S.W.3d 508 (TX 2009)
      Loss of Use (Rental)
Third Party Loss of Use Required
• Required
• Personal auto policy, including a policy must include primary liability coverage for temporary
vehicle as a covered vehicle
• Required coverage provides primary coverage for insured's legal liability for BI or PD and for
damage to the temporary vehicle, not excess coverage
• Policy limits of a personal automobile policy must be available for this required coverage
J & D Towing v. American Alternative Ins.
Corp., 478 S.W.3d 649 (TX 2016)
Ins. Sec. 1952.060
Required Provision: Liability Coverage For
Temporary Vehicles During Policy Term;
Primary Coverage Required.
Vehicle Type
• Not specified, but likely comparable class
J & D Towing v. American Alternative Ins.
Corp., 478 S.W.3d 649 (TX 2016)
      Named Driver Exclusion
Named Driver Exclusion
• Recognized - not contrary to public policy but with restrictions
• If agree to excluding driver whose license is suspended/revoked, may not cancel coverage
• May not refuse to renew policy or require exclusion solely based on family member reaching
driving age
• Household means people who live together regardless of relationship
• Named driver exclusion is provision excluding specific driver(s)
• May have named driver exclusion only if contains names of each excluded driver, does not
exclude class of drivers, and named insured accepts in writing
• 30 day non-renewal notice required
• On/after 01/01/2020, no named driver policies may be issued/renewed/delivered
• May still issue operators' policies
Authorized Cancellation of Policies
28 TAC § 21.1001
Prohibition Against Insurer's Non-Renewing
Personal Auto Policy Solely Because of Age
of Young Driver
Zamora v. Dairyland County Mutual Ins. Co.,
930 S.W.2d 739 (TX 1996)
Ins. Sec. 1952.351
Definitions
Ins. Sec. 1952.353
Named Driver Policies Prohibited; Certain
Named Driver Exclusions Authorized
B-0010-19
FAQ about House Bill 259, 86th Legislature,
Regular Session (2019)
      Rental Vehicles - Primary/Secondary
Primacy
• Primary/Secondary insurance will be determined by the insurance policies and the rental contract
Bus. & Com. Sec. 91.051
Written Agreement Required for Damage
Waiver
Bus. & Com. Sec. 91.052

Notice to Renter
      Salvage/Valuation/Disputes
Settlement Methods
• Cash settlement based on ACV, amount to replace vehicle or amount stated in declarations of
policy
B-0027-00
Policyholders
Valuation Methods Permitted
• Whichever is less: actual cash value, amount to replace or amount stated in declarations of
policy
• ACV immediately before damage and cost of repairs or alternate method commonly used
• When a vehicle is damaged, actual cash value of vehicle immediately before damage and cost of
repairs or alternate method commonly used by insurance industry must be used to determine
whether damage is sufficient to classify vehicle as a non-repairable or salvage motor vehicle. (TX
DMV - Salvage/Nonrepairable Motor Vehicle Manual - Determination of the Condition of a Motor
Vehicle)
B-0027-00
Policyholders
TX DMV - Salvage/Nonrepairable Motor
Vehicle Manual - Determination of the
Condition of a Motor Vehicle
      Total Loss Settlements
Threshold
• Noneconomic
• 100%
• Salvage: ACV is immediately before damage and cost of repairs used to determine if salvage
• Non-repairable: ACV is immediately before damage and cost of repairs or other method used by
industry use to determine if non-repairable
Transp. Sec. 501.091
Definitions
43 TAC §217.83
Requirement for Non-repairable or Salvage
Vehicle Title
Taxes/Fees*
• Note - Information provided on this page should not be used to calculate total loss claims. Other
variables will apply.
• Taxes: 1st party owed if provided by policy or insurer provides replacement vehicle
• Per DOI, taxes/fees may be recoverable by 3rd party if insured legally liable for such damages
*The tax and fee information provided above is intended to offer general information and does not
encompass exact fees owed in total loss settlements. In addition, your company's policy may
alter whether or not certain taxes or fees are owed or not owed.
34 TAC §3.62
Insurance Settlements
TX DOI Communication (Claim Toolkit
correspondence with DOI. For additional
information contact Claim Toolkit Help Desk)
      Active Emergency Orders - TX DOI Directives -- COVID-19
See also:
TX DOI Bulletin - 06/29/2020
TDI extends modified requirements for
sworn statements
TX Attorney General - Consumer Complaint
Form
Effective Dates
• COVID-19 - 03/13/2020 - 03/06/2021
Proclamation - 02/04/2021

Event
• COVID-19
Counties Affected
• Statewide
See also:
TX DOI - FAQ: Industry and business issues
Catastrophe Adjuster Requirements
• Emergency License Extensions: Licensees with renewable license expiring between 08/01/2020
and 11/30/2020 considered to hold emergency license valid for up to 120 days after expiration
• Current license expiration dates will not change - any late fees accrued not waived
• All licensees should renew licenses in accordance with regular expiration dates
• TDLR will not issue printed emergency licenses - licensees not required to post or display proof of
emergency license
• Online database of all emergency licenses available
• Temporary Licenses: Testing and fingerprint centers remain open - temporary licenses will
remain active until further notice
• Responsibilities of Sponsors for Temporary Licensees: DOI reminds insurers, agents, agencies,
and adjusters of their responsibilities for temporary agent and emergency adjuster applicants and
licensees
• Sponsor is:
• Responsible for acts of temporary or emergency licensee
• Expected to review applicant’s background to ensure suitability
• Expected to monitor behavior and provide required training
• Return to normal temporary license processing in effect
• Cont'd waiver of "classroom" setting requirement for training
• Cont'd waiver of 70% applicants taking required exam
• Some testing sites now open for licensing exams
TDLR - Emergency License Extensions Due
To COVID-19
Update on temporary license process
Commissioner’s Bulletin # B-0026-20
Responsibilities of sponsors for temporary
licensees
TX DOI Notice - 06/15/2020
Update on temporary license process
TX DOI Bulletin - B-0008-20
COVID-19: Suspension of Certain Licensing
Requirements and Fees
Some Sites Now Open for Agent Licensing
Exams
Claims Handling Guidelines/Guidance
• TX DOI extends claim-handling deadlines imposed by the state’s prompt payment laws for an
additional 15 days
COVID-19: Claim-handling Deadlines and
Premium Payments
See also:
TX DOI - Modified Filing Requirements
Company Reporting Requirements
• Extension of Modified Requirements for Sworn Statements: DOI allowing filings to be submitted
without sworn statements, affidavits, and notarizations
• Modified filings chart exists with contact info for electronic filing, filing fees, payments, and listing
extended deadlines for financial filings
• All financial filings may be submitted electronically
• If payment required, may submit filing without payment at this time
• Electronic signatures without sworn statements, affidavits, or notarization - allowed at this time
• Filing without fingerprints - accepted at this time
• TX DOI is expediting approvals for P & C filings such as filings to remove delivery exclusions or
for temp rate decrease
• Notify TX DOI to ensure filing is quickly flagged and reviewed
• Eff. date for approved rate filings in Commissioner's Order 2020-6288 changed to address issues
through summer
sworn statements
sworn statements
Financial Filing Requirements and Related
Fees
TX DOI Expedites Review of COVID-19
Filings
Official Order of the Texas Commissioner of
Insurance No. 2020-6312
Order Superceding Commissioner Order
2020-6288 Related to 2019 Rate Filings for
the Texas Access to Insurance Requirements
Plan Association
See also:
Ins. Sec. 559.103
Extraordinary Events
Company Underwriting Guidelines/Guidance
• Exceptions are applicable to the use of credit scores affected by certain events, including
DOI Bulletin B-0021-20
COVID-19: Credit Scoring and Credit

temporary job loss
• Insurer may be granted an exception to the insurer's rates, rating classifications, or underwriting
rules for a consumer whose credit info has been negatively impacted
• Insurer may consider only credit info not affected by the event or must assign a neutral credit
score
• TDI encourages insurers to -
• Conduct midterm premium audits if requested by policyholders
• Allow policyholders to self-audit and report changes
• Consider any reduced risk
• Make other adjustments to reduce the premium
• TX DOI urges carriers to work with policyholders experiencing financial hardships due to the
COVID-19
Information
TX DOI Bulletin B-0020-20
COVID-19: Commercial Premium
Adjustments and Midterm Premium Audits
COVID-19: Claim-handling Deadlines and
Premium Payments
Policy/Regulatory Changes
• Price Gouging: DOI encourages all insurers to report suspected fraud regarding COVID-19 test
prices
• Regulatory/statutory suspension of oversize & overweight permitting requirements for all
divisible and non-divisible vehicles and loads
• Statutory suspension of IRP vehicle registration as long as vehicle is registered in one of 48
contiguous U.S. states
• Statutory suspension of 72 & 144 hr temp. registration permits as long as vehicle is registered in
a U.S. state
Report suspected fraud related to COVID-19
test prices
TX DMV Notice - 03/13/2020
Suspension of Motor Carrier Vehicle
Registration and Size and Weight
Requirements Under Disaster Declaration
Regarding Novel Coronavirus
Active Emergency Orders - TX DOI Directives -- Severe Weather 2019 -- SOE Expired, But DOI Directive
Effective Dates
• Expired - Severe Storms - 10/21/2019 - 11/20/2019
Event
• Severe Storms
Counties Affected
• Cass, Cameron, Collin, Dallas, Ellis, Erath, Hunt, Kaufman, Lamar, Panola, Rains, Rockwall, Rusk,
Tarrant, Van Zandt and Wood counties
• No event-specific Catastrophe Adjuster requirements issued
• Yes, with exceptions
Ins. Sec. 4101.002
General Exemptions
Ins. Sec. 4101.101
Emergency License
• No provision
No provision
See also:
TX DOI - Catastrophe Event Statistical Plan
for Personal and Commercial Risks
Surplus Lines Companies Required to Report
for Events Occurring in 2020
TX DOI - Texas Catastrophe Event Statistical
Plan for Personal and Commercial Risks
Admitted Companies Required to Report for
Events Occurring in 2020
TX DOI - Texas Catastrophe Event Statistical
Plan for Personal and Commercial Risks
(Statistical Plan)
TX DOI - 2020 Texas Catastrophe Statistical
Plan Event Reporting Registration (for SFTP
account setup)
TX DOI - Severe Storms 2019 - ZIP codes
included in data call
TX DOI - Event 19012 Dallas Tornados
Reporting Form
Company Reporting Requirements TX DOI Communication (Claim Toolkit

• Data Call: Required for catastrophe-related data related to wind, hail, thunderstorm, and flood
event on 10/20/2019
• Due 04/30/2021 - Data through 03/31/2021
• Due 07/30/2021 - Data through 06/30/2021
• Due 11/01/2021 - Data through 09/30/2021
• Due 01/31/2022 - Data through 12/31/2021
• Reports due on quarterly basis, 30 days after end of quarter - must continue to report until told otherwise
by DOI
• Use TX DOI - Event 19012 Dallas Tornados Reporting Form and TX DOI - Severe Storms 2019 - ZIP codes
included in data call forms for reporting
• Only companies required to report property lines in 2020 under statistical plan are required to report
• Must file reports under TX DOI - Texas Catastrophe Event Statistical Plan for Personal and Commercial
Risks (Statistical Plan)
• Review TX DOI - Texas Catastrophe Event Statistical Plan for Personal and Commercial Risks (Statistical
Plan) to determine property lines
• Send all reports to ISO
• Must complete TX DOI - 2020 Texas Catastrophe Statistical Plan Event Reporting Registration (for SFTP
account setup) to set up credentials
• Should contact ISO even if no claims to report
Call for data collection for 2019 North Texas
storm
• No provision
No provision
Active Emergency Orders - TX DOI Directives - Hurricane Harvey
Effective Dates
• Hurricane Harvey - August 23, 2017 - March 6, 2021
Governor Proclamation Renewing Disaster
Proclamation for Affected Counties --
February 4, 2021
January 5, 2021
December 6, 2020
November 6, 2020
October 7, 2020
September 7, 2020
Proclamation for Affected Counties -- August
8, 2020
Proclamation for Affected Counties -- July
10, 2020
Proclamation for Affected Counties -- June
11, 2020
Proclamation for Affected Counties -- May
12, 2020
Proclamation for Affected Counties -- April
12, 2020
February 13, 2020
January 14, 2020

December 23, 2019
November 27, 2019
October 28, 2019
September 30, 2019
30, 2019
2, 2019
Proclamation for Affected Counties -- July 3,
2019
Proclamation for Affected Counties -- June 6,
2019
Proclamation for Affected Counties -- May 7,
2019
12, 2019
Proclamation for Affected Counties -- March
15, 2019
February 14, 2019
January 18, 2019
December 4, 2018
November 4, 2018
October 5, 2018
September 6, 2018
7, 2018
Proclamation for Affected Counties -- June 8,
2018
13, 2018

Proclamation for Affected Counties -- March
16, 2018
February 16, 2018
January 17, 2018
December 18, 2017
November 19, 2017
October 20, 2017
September 20, 2017
Governor Amended Disaster Proclamation --
September 14, 2017
Governor Disaster Proclamation -- August
23, 2017
Event
• Hurricane Harvey
Governor Disaster Proclamation -- August
23, 2017
See also:
August 28, 2017
August 27, 2017
August 26, 2017
Counties Affected
• See next column
September 14, 2017
• Nonresident and emergency adjusters immediately allowed
• Individuals not licensed as adjuster may obtain emergency adjuster license
• Insurer must submit required application within 5 days of which work begins
B-0011-17
Hurricane Harvey -– Claims Adjusting and
Adjusters: Authorizes carriers to
immediately use nonresident and emergency
adjusters to handle claims
B-0023-17
Hurricane Harvey –- Suspension of Certain
Licensing Requirements and Fees: Governor
approves suspension of certain licensing
requirements and fees
B-0038-17
Hurricane Harvey -– Emergency Adjusters
License Period Extension: Commissioner
extends emergency adjuster license term an
additional 90 days
• TDI reminds insurers of obligations regarding flood damaged vehicles
B-0022-17

Weather-Related Event that Occurred
August 25, 2017, through August 31, 2017
B-0027-17
Hurricane Harvey -– Flood Damaged
Vehicles
Official Order of the Texas Commissioner of
Insurance No. 2017-5209
Weather-Related Event that Occurred
August 25, 2017, through August 31, 2017
Company Reporting Requirements
• Before restricting new business due to cat event, must file restriction plan with DOI and get
approval
• Must file withdrawal plan with DOI & get approval if contemplating reducing business below
threshold
B-0025-17
Hurricane Harvey -- Restricting New
Business for Personal Auto and Residential
Property Insurance
B-0031-17
Hurricane Harvey -– Withdrawal of Business
for Personal Auto and Residential Property
Insurance
TX DOI Communication (Claim Toolkit
• Encourages suspension of premium payments
• Inappropriate to re-rate, cancel, nonrenew, or refuse coverage solely due to Hurricane Harvey
B-0009-17
Hurricane Harvey -– Premium Payments
Grace Period
B-0013-17
Hurricane Harvey -– Commercial Automobile
Insurance
B-0015-17
Hurricane Harvey –- Property and Casualty
Rating and Underwriting
The information contained herein is publicly available and organized by us solely for general information purposes. While we make all reasonable attempts and endeavor to
keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability,
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