28 Tex. Admin. Code § 5.7001 - Applicability
(a) Sections
5.7002-
5.7012 of this title (relating to
Cancellations; Calculation of Time Period; Certain Acts Regarded as
Cancellation; Special One-Year Rule Applicable Only to Personal Automobile
Policies; Discontinuing the Writing of Certain Lines or Classes, Withdrawing
from a Geographical Area, or Withdrawing from an Agency; Renewal of Policies;
Records Required; Insurance Code Chapter 4051, Subchapter H; Endorsement Forms;
Violations; and Reason for Declination, Cancellation, or Nonrenewal) apply to
companies or insurers writing the following types of insurance policies which
become effective on or after February 1, 1972, and to no other policies, except
as otherwise provided in this section:
(1)
personal automobile policies. Except for §
5.7012 of this title, these
sections do not apply to any automobile policy written through the Texas
Automobile Insurance Plan;
(2)
homeowners or farm or ranch owners policies;
(3) standard fire policies insuring:
(A) a one-family dwelling or a duplex;
or
(B) the contents of a one-family
dwelling, a duplex, or an apartment; or
(4) insurance policies providing property and
casualty coverage, other than a fidelity, surety, or guaranty bond to
governmental units. A governmental unit means the State of Texas and all of the
several agencies of government which collectively constitute the government of
the State of Texas, specifically including:
(A) this state;
(B) an agency of this state;
(C) a political subdivision of this state,
including:
(i) a municipality or
county;
(ii) a school district or
junior college district;
(iii) a
levee improvement district, drainage district, or irrigation
district;
(iv) a water improvement
district, water control and improvement district, or water control and
preservation district;
(v) a
freshwater supply district;
(vi) a
navigation district;
(vii) a
conservation and reclamation district;
(viii) a soil conservation
district;
(ix) a communication
district;
(x) a river authority;
and
(xi) councils and courts;
or
(D) any other
governmental agency whose authority derives from the laws and constitution of
this state.
(b) Sections
5.7004,
5.7008,
5.7009,
5.7010,
5.7011,
5.7013 of this title (relating to
Notice Requirements for Cancellation and Nonrenewal for General Liability and
Certain Automobile Insurance Policies), and §
5.7014 of this title (relating to
Exceptions to Cancellation and Nonrenewal Notice Requirements for General
Liability and Certain Automobile Insurance Policies) are applicable to
companies or insurers writing the following types of insurance policies which
become effective on or after April 7, 1986, and to no other policies, except as
otherwise provided in this section.
(1)
General liability policies including, but not limited to, excess liability
policies, excess loss liability policies (umbrella), errors and omissions
liability policies, and all miscellaneous liability policies. Section
5.7013 and §
5.7014 of this title are not
applicable to any general liability policy written through the Texas Medical
Liability Insurance Underwriting Association pursuant to the Texas Insurance
Code, Article 21.49-3.
(2)
Automobile policies except personal automobile, automobile physical damage
single interest, automobile mechanical breakdown, and mobilowners policies.
Except for §
5.7012 of this title, these
sections are inapplicable to any automobile policy written through the Texas
Automobile Insurance Plan.
(c) Section
5.7006 and §
5.7012 of this title apply to all
property and casualty policies regulated by the Texas Department of Insurance
pursuant to the Texas Insurance Code, Chapter 5.
(d) For the purpose of subsection (a) of this
section, "insurer" and "company" have the same meaning as assigned to "insurer"
in Insurance Code §
551.101.
Notes
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