28 Tex. Admin. Code § 3.5610 - Determination of Approved Deviated Case Rates
(a) For cases which are not of credible size,
or have no experience, no approved deviation may be made in the presumptive
premium rates under these deviation procedures; except that nothing herein may
be construed as preventing any insurer from filing an automatic deviation
pursuant to Insurance Code §
1153.105.
(b) For purposes of this section: if the
coverage for a single creditor which qualifies as a case has been in force with
the insurer for less than the experience period:
(1) the claim experience of the creditor
while covered by any prior insurer must be included to the extent necessary in
determining the appropriate case ratios; and
(2) the experience considered in the
determination of multiple state case rates must be Texas experience for the
case unless the insurer makes the one-time election to use only nationwide
experience. The election to use only nationwide experience must be accompanied
by a certification that the insurer uses the same nationwide basis in
determining the case ratios in each state in which the case has experience. A
grouping of states may be used subject to the same requirements of consistency
and certification.
(c)
Schedule of new case rates. When submitting a Request for Deviated Rate
pursuant to §
3.5602 of this title (relating to
Request for an Approved Deviated Premium Rate) the insurer must also file a
schedule of new case rates as determined by this section.
(d) Approved deviation request form. As
required by §
3.5602 of this title, any request
for approved deviated rates must be submitted to the commissioner through the
Filings Intake Division in the manner prescribed on the form provided by the
department for that purpose. The form can be obtained from the Texas Department
of Insurance, Life and Health Division, Filings Intake, MC-LH-LHL, P.O. Box
12030, Austin, Texas 78711-2030. The form can also be obtained from the
department's internet website at www.tdi.texas.gov/forms.
Notes
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