78R477 AJA-D

By:  Seaman                                                       H.B. No. 97 


A BILL TO BE ENTITLED
AN ACT
relating to policy forms for certain residential property insurance policies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 5.35, Insurance Code, is amended to read as follows: Art. 5.35. POLICY FORMS. (a) Notwithstanding any other law, this article applies to a farm mutual insurance company or a reciprocal or interinsurance exchange. (b) The commissioner may [shall] adopt policy forms and endorsements for each kind of insurance subject to this subchapter other than a line regulated under Article 5.13-2 of this code that may be used by an insurer [without filing for approval to use such forms]. [(b) The commissioner may also adopt policy forms and endorsements of national insurers or policy forms and endorsements adopted by a national organization of insurance companies or similar organization on policy forms and endorsements. Policy forms and endorsements may be adopted under this subsection for each kind of insurance subject to this subchapter other than a line regulated under Article 5.13-2 of this code on the request of an insurer. For purposes of this subsection, "national insurer" means an insurer subject to this article that, either directly or together with its affiliates as part of an insurance holding company system as those terms are defined by Article 21.49-1 of this code, is licensed to do business and write the kinds of insurance that are subject to this subchapter in 26 or more states and maintains minimum annual direct written premiums for residential property insurance of $750 million in the aggregate for all states.] (c) An insurer may use [The commissioner may approve the use of] policy forms and endorsements other than those adopted under Subsection (b) of this article [adopted by a national organization of insurance companies or a similar organization,] if the [such] forms or endorsements are filed with [and are approved by] the department [commissioner] in accordance with this article. (d) An insurer shall: (1) make available to consumers detailed descriptions of each policy form subject to this article that is offered by the insurer, including side-by-side comparisons of each policy form offered by the insurer; and (2) notify the commissioner of the insurer's intent to use or discontinue use of a form or endorsement adopted or filed under this article not later than the 60th day before the date the insurer uses or discontinues use of the form or endorsement. [An insurer may use an endorsement to the policy forms adopted or approved by the commissioner under this article if the endorsement is approved by the commissioner pursuant to this article.] (e) At least once during each state fiscal year, the department, in cooperation with the office of public insurance counsel, shall publish a consumer information booklet that explains and outlines the differences among the policy forms and endorsements subject to the article that are offered by insurers and provide the booklet to consumers free of charge. The department shall maintain similar information on the department's website and update the information as necessary. [Unless adopted or approved by the commissioner pursuant to Subsection (a), (b), or (c) of this article or, in the case of an endorsement, under Subsection (d) of this article, an insurance policy or endorsement for use in writing the types of insurance subject to this article may not be delivered or issued for delivery in this state.] (f) Each filing pursuant to Subsection (c) [or (d)] of this article shall be made not later than the 60th day before the date of any use or delivery for use. [At the expiration of the 60-day period, a filed form or endorsement is approved unless before the expiration of the 60 days the commissioner either disapproves the form or endorsement by order or approves the form or endorsement. Approval of a form or endorsement by the commissioner constitutes a waiver of any unexpired portion of the 60-day period. The commissioner may extend, by not more than an additional 30 days, the period during which the commissioner may approve or disapprove a form or endorsement by giving notice to the filer of the extension before the expiration of the initial period. At the expiration of any extension and in the absence of any earlier approval or disapproval, the form or endorsement shall be considered approved. For good cause shown, the commissioner may withdraw the commissioner's approval at any time after notice and hearing.] (g) [(1)] The commissioner may order an insurer to withdraw a policy form or endorsement filed under Subsection (c) of [disapprove a policy form or endorsement filed under] this article [, or withdraw any previous approval thereof,] if the policy form or endorsement: (1) [(A)] violates or does not comply with this code, or any valid rule relating thereto duly adopted by the commissioner, or is otherwise contrary to law; or (2) [(B)] contains provisions or has any titles or headings which are unjust, unfairly discriminate, encourage misrepresentation, are deceptive, or violate public policy. (h) [(2)] The commissioner's order to withdraw a policy [disapproving any] form or endorsement or any notice of the commissioner's intention to issue an order to withdraw a policy form or endorsement [withdraw a previous approval] must state the grounds for ordering the withdrawal [disapproval] in enough detail to reasonably inform the filer of the grounds. An order to withdraw a policy [of withdrawal of a previously filed] form or endorsement takes effect on the effective date of the order [expiration of the prescribed period but not sooner than the 60th day after the effective date of the withdrawal order, as prescribed by the commissioner]. (i) [(h)] The commissioner may not adopt and may order the withdrawal of a [or approve] policy form [forms] for personal fire or homeowner's insurance or any endorsement to the policy if the policy or endorsement is not in plain language. For the purposes of this subsection, a policy or endorsement is written in plain language if it achieves the minimum score established by the commissioner on the Flesch reading ease test or an equivalent test selected by the commissioner or, at the option of the commissioner, if it conforms to the language requirements in a National Association of Insurance Commissioners model act relating to plain language. This subsection does not apply to policy language that is mandated by state or federal law. (j) [(i) An insurer may not use in this state any form or endorsement after disapproval of the form or endorsement or withdrawal of approval by the commissioner. [(j)] Notwithstanding Article 1.35A of this code, the office of public insurance counsel may submit written comments to the commissioner and otherwise participate regarding individual company filings made pursuant to this article. (k) In addition to any other remedy available under law, the commissioner shall order an insurer to pay restitution to the holder of a policy or endorsement used in violation of this article. (l) At the request of the commissioner, an insurer shall provide to the department any information, including information relating to the insurer's underwriting practices, that the commissioner considers necessary to implement this article. Underwriting guidelines obtained under this section are subject to Section 38.002 of this code. (m) The commissioner may adopt rules as necessary to implement this article. SECTION 2. Section 1, Article 5.25-2, Insurance Code, is amended to read as follows: Sec. 1. In this article:[,] (1) "List" ["list"] means the list of fire and lightning losses in excess of $100 paid under policy forms adopted or used [approved by the board] under Article 5.35 of this subchapter in a particular city or town prepared by the Department [State Board] of Insurance for distribution to the city or town.[;] (2) "Board" ["board"] means the Department [State Board] of Insurance. SECTION 3. Article 5.35-1, Insurance Code, is amended to read as follows: Art. 5.35-1. COVERAGES FOR SPOUSES AND FORMER SPOUSES. A homeowner's policy or fire policy adopted or used [promulgated] under Article 5.35 of this code may not be delivered, issued for delivery, or renewed in this state unless the policy contains the following language: "It is understood and agreed that this policy, subject to all other terms and conditions contained in this policy, when covering residential community property, as defined by state law, shall remain in full force and effect as to the interest of each spouse covered, irrespective of divorce or change of ownership between the spouses unless excluded by endorsement attached to this policy until the expiration of the policy or until canceled in accordance with the terms and conditions of this policy." SECTION 4. Section 912.152(b), Insurance Code, as effective June 1, 2003, is amended to read as follows: (b) The commissioner, in accordance with Article 5.35, may adopt for use by county mutual insurance companies uniform policy forms that differ from the forms adopted for [use by] other companies [and shall prescribe the conditions under which a county mutual insurance company: [(1) may use the policy forms adopted under this subsection; or [(2) shall use the policy forms adopted for other companies]. SECTION 5. This Act applies only to a policy delivered, issued for delivery, or renewed on or after the 60th day after the effective date of this Act. A policy delivered, issued for delivery, or renewed before the 60th day after the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.