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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic availability of certain property and |
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casualty insurance forms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 10, Insurance Code, is amended |
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by adding Chapter 1812 to read as follows: |
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CHAPTER 1812. ELECTRONIC AVAILABILITY OF SPECIMEN POLICIES |
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Sec. 1812.001. DEFINITION. In this chapter, "specimen |
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policy" means a standardized form, including an insurance policy |
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form or endorsement, used by an insurer to write property and |
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casualty insurance in this state that does not contain personally |
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identifiable information about an insured. |
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Sec. 1812.002. ELECTRONIC AVAILABILITY OF CERTAIN FORMS. |
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(a) As provided by Section 1812.003, an insurer may make a property |
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and casualty insurance policy available to an insured by posting a |
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specimen policy on the insurer's Internet website instead of other |
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authorized means. |
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(b) On request of and at no cost to an insured, an insurer |
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shall provide to the insured a printed or electronic copy of a |
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specimen policy applicable to the insured that is posted on the |
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insurer's Internet website. |
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Sec. 1812.003. NOTICE OF ELECTRONIC AVAILABILITY OF CERTAIN |
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FORMS. (a) An insurer that posts a specimen policy on the |
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insurer's Internet website under this chapter must, on issuance or |
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renewal of a policy incorporating the specimen policy: |
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(1) on the declarations page of the insured's policy: |
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(A) disclose that the specimen policy is |
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electronically available on the insurer's Internet website; and |
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(B) clearly identify each posted specimen policy |
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incorporated into the insured's policy; and |
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(2) explain that and how an insured, on request and at |
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no charge, may obtain a printed or electronic copy of the specimen |
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policy from the insurer. |
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(b) An insurer that during an insured's policy period posts |
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a specimen policy or amends a posted specimen policy incorporated |
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into an insured's policy must, on the date the specimen policy is |
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posted or amended, in writing and in the insurer's customary manner |
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of communicating with the insured: |
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(1) notify the insured that the specimen policy is |
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electronically available on the insurer's Internet website; |
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(2) clearly identify each added or amended specimen |
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policy incorporated into the insured's policy; and |
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(3) explain that and how the insured, on request and at |
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no charge, may obtain a printed or electronic copy of the specimen |
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policy from the insurer. |
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Sec. 1812.004. ACCESSIBILITY OF CERTAIN ELECTRONICALLY |
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AVAILABLE FORMS. A specimen policy posted on the insurer's |
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Internet website under this chapter must be, until no policy |
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incorporating the specimen policy is in force: |
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(1) easily accessible on the website; and |
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(2) provided in a format readily capable of being |
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saved or printed using a widely available and free computer |
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application or program. |
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Sec. 1812.005. RETENTION OF CERTAIN ELECTRONICALLY |
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AVAILABLE FORMS. An insurer that posts a specimen policy on the |
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insurer's Internet website under this chapter must for at least |
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five years after the latest date a policy incorporating the |
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specimen policy is in force: |
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(1) preserve an electronic copy of the specimen |
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policy; and |
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(2) make a printed or electronic copy of the specimen |
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policy available on request at no cost. |
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SECTION 2. This Act applies only to an insurance policy that |
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is delivered, issued for delivery, or renewed on or after the |
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effective date of this Act. A policy delivered, issued for |
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delivery, or renewed before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |