28 Tex. Admin. Code § 5.9327 - Additional Requirements for Personal Automobile and Residential Property Forms
(a) Personal automobile
and residential property insurance forms are subject to this subsection.
(1) Filed forms must meet the plain-language
requirements described in Insurance Code §
2301.053, concerning
Requirements for Forms; Plain-Language Requirement, and Commissioner's Order
No. 92-0573. Filings must also include the Flesch Reading Ease Test readability
score for the forms.
(2) When
filing an endorsement form with provisions that do not apply to every policy to
which the endorsement will be attached, the provisions must be enclosed with
brackets to reflect that the provisions are variable text. The filing must also
indicate that when the endorsement is attached to a policyholder's specific
policy, the endorsement will not include any provisions that are inapplicable
to that specific policy. For example, an insurer may file an endorsement with
provisions that amend an HO-3 policy and an HO-5 policy. If certain provisions
apply only to the HO-5, those must be bracketed in the filed form, and must not
be visible to the policyholder when the form is used to endorse the HO-3. This
paragraph applies to new or amended endorsements filed on or after January 1,
2025.
(b) Insurers must
file residential property policy declarations page forms for approval.
(1) Declarations pages include renewal
declarations pages, renewal certificates, amended declarations pages, and
separate disclosure pages allowed under §
5.9700 of this title (relating to
Residential Property Declarations Pages and Deductible Disclosures).
(2) Filed declarations page forms must be
completed with sample--not actual--policyholder information sufficient to
demonstrate how the insurer will comply with this rule and Insurance Code §
2301.056, concerning
Requirement for Forms; Declarations Page Requirement.
(c) Insurers must file personal automobile
insurance application forms as follows:
(1)
new or amended application forms that are part of the insurance policy must be
filed for approval; and
(2)
application forms that are not part of the insurance policy must be filed for
informational purposes when an insurer files a new personal automobile policy
form.
Notes
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