28 Tex. Admin. Code § 3.9503 - Co nsumer Notice Content and Format Requirements
(a) The text contained in Figure: 28 TAC §
3.9504(b),
Figure: 28 TAC §
3.9505(1) and
Figure: 28 TAC §
3.9505(2) must
be in at least 10-point type and presented in the same order as indicated in
each figure and without any change to the specified text, including bolding
effects, except as provided in subsections (b), (c), and (d) of this
section.
(b) Pursuant to §
3.9506 of this title (relating to
Filing Procedures for Substantially Similar Consumer Notices), in lieu of using
the notices contained in Figure: 28 TAC §
3.9504(b) or
Figure: 28 TAC §
3.9505(1), an
insurer may file a notice with the department that is substantially similar to
the text contained in Figure: 28 TAC §
3.9504(b) or
Figure: 28 TAC §
3.9505(1) for
review and approval by the commissioner. The commissioner will approve the
notice if, in the commissioner's opinion, the notice protects the rights and
interests of applicants to at least the same extent as the notices adopted in
Figure: 28 TAC §
3.9504(b) or
Figure: 28 TAC §
3.9505(1). An
insurer required to send the notice specified in Figure: 28 TAC §
3.9505(2) may
not file a notice that is substantially similar to that figure for review and
approval by the commissioner.
(c)
Commissioner approval of a notice is not required if a notice promulgated or
approved under this subchapter is used and amendments to that notice are
limited to the omission of references not applicable to the product being sold
or replaced. For purposes of this subchapter, a reference in any notice
required under this subchapter to a product that is being sold or replaced is
applicable if the reference could be applicable under any possible
circumstances and therefore may not be omitted from the required
notice.
(d) An insurer may add a
company name and identifying form number to notices specified under this
subchapter without obtaining commissioner approval.
(e) The promulgated forms specified in this
subchapter are available upon request from the Texas Department of Insurance,
Life and Health Division, Life and Health Lines, MC-LH-LHL, P.O. Box 12030,
Austin, Texas 78711-2030, or by accessing the department website at
www.tdi.texas.gov/forms.
Notes
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