28 Tex. Admin. Code § 3.9506 - Filing Procedures for Substantially Similar Consumer Notices
(a) Beginning with the effective date of this
subchapter and ending January 31, 2008, an insurer subject to Insurance Code
Chapter 1114 may use a consumer notice that is substantially similar to the
text promulgated in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1)
immediately after filing the consumer notice with the department. An insurer
who has filed a consumer notice that is substantially similar to the text
promulgated in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) in the
period of time beginning with the effective date of this subchapter and ending
on January 31, 2008, will receive a notice of approval or disapproval of the
consumer notice from the commissioner.
(1) An
insurer who has filed a consumer notice that is substantially similar to the
text promulgated in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) in the
period of time beginning with the effective date of this subchapter and ending
on January 31, 2008, who receives a notice of approval from the commissioner
may continue to use the approved consumer notice unless and until such time as
the commissioner withdraws approval of the notice.
(2) An insurer who has filed a consumer
notice that is substantially similar to the text promulgated in Figure: 28 TAC
§
3.9504(b)
orFigure: 28 TAC §
3.9505(1) in the
period of time beginning with the effective date of this subchapter and ending
on January 31, 2008, who receives a notice of disapproval from the commissioner
shall stop using the consumer notice, but may refile the notice subject to the
requirements of §
3.5(b)(6) of
this chapter (relating to Filing Authorities and Categories).
(b) Effective February 1, 2008, an
insurer may not use, issue, or deliver a notice that is substantially similar
to a promulgated consumer notice specified in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) until
it has been approved.
(1) Effective February
1, 2008, an insurer subject to Insurance Code Chapter 1114 using agents must
either use the text of the notice contained in Figure: 28 TAC §
3.9504(b), which
is not subject to filing and approval, or a consumer notice substantially
similar to the text contained in Figure: 28 TAC §
3.9504(b) which
has filed under this section and approved.
(2) Effective February 1, 2008, in the case
of an applicant responding to a direct response solicitation, an insurer
subject to Insurance Code Chapter 1114 must either use the text contained in
Figure: 28 TAC §
3.9505(1), which
is not subject to filing and approval, or a consumer notice substantially
similar to the text contained in Figure: 28 TAC §
3.9505(1) which
has been filed under this section and approved.
(c) Effective February 1, 2008, a filing of a
consumer notice that is substantially similar to a promulgated consumer notice
specified in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) must
be filed in accordance with the submission requirements of §
3.4 of this chapter (relating to
General Submission Requirements), and is subject to the same standards and
procedures as a filing made under §
3.5(a)(1) of
this chapter. A filing of a consumer notice that is substantially similar to a
promulgated consumer notice specified in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) will
be processed according to the procedures specified in §
3.7 of this chapter (relating to
Form Acceptance and Procedures). A consumer notice that is disapproved by the
commissioner is subject to the requirements of §
3.5(b)(6) of
this chapter.
(d) Effective April
1, 2008, insurers subject to Chapter 1114 who elect not to use a consumer
notice specified in this subchapter shall file a notice that is substantially
similar to a promulgated consumer notice specified in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) no
later than 60 days prior to use. A consumer notice that is substantially
similar to a promulgated consumer notice specified in Figure: 28 TAC §
3.9504(b)
orFigure: 28 TAC §
3.9505(1) filed
after April 1, 2008, is subject to Insurance Code §
1701.054 (relating to
approval of forms). Insurers that have filed and received approval of a
consumer notice before April 1, 2008, may continue to use the approved consumer
notice unless and until such time as the commissioner withdraws approval of the
notice.
Notes
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