28 Tex. Admin. Code § 5.9342 - Filing Requirements
(a) Not later than
10 days after use, an insurer writing personal automobile, residential
property, or workers' compensation insurance must file with TDI a comprehensive
set of underwriting guidelines used by the insurer or its agent.
(b) A filing made under subsection (a) of
this section must contain:
(1) a comprehensive
set of underwriting guidelines;
(2)
a mark-up or redline version of the underwriting guidelines, clearly indicating
any changes in the underwriting guidelines;
(3) for each third-party data set used in
underwriting, the following information:
(A)
the name of the data vendor or source;
(B) a description of the data, such as a data
dictionary, that includes the name for each data element and the corresponding
definition;
(C) a description of
how the data is used in underwriting; and
(D) a list of the underwriting guidelines
that reflect use of the data; and
(4) for each third-party model used in
underwriting, the following information:
(A)
the name of the model vendor or source;
(B) the model name and version
number;
(C) a description of the
model;
(D) a description of the
model input;
(E) a description of
how the model output is used in underwriting; and
(F) a list of the underwriting guidelines
that depend on the output of the model.
(c) Filings must clearly indicate any changes
in the underwriting guidelines resulting from the change in third-party data
and modeling information. No filing is necessary for a change in third-party
data and modeling information that does not result in a change to underwriting
guidelines.
(d) For purposes of
compliance with this section, an oral or electronic underwriting guideline must
be converted to written form.
(e)
An insurer group or group of affiliated insurers may file one set of
underwriting guidelines on behalf of individual insurers in the group under the
requirements of this section if the group clearly identifies which underwriting
guidelines apply to each insurer within the group.
(f) An insurer that files underwriting
guidelines under this section must submit the filing transmittal information
required in §
5.9310 of this title (relating to
Property and Casualty Transmittal Information and General Filing Requirements)
with each underwriting guideline filing.
(g) All filings for underwriting guidelines
must relate to only one line of insurance.
(h) Underwriting guidelines contemplated by
Insurance Code §
38.003, concerning
Underwriting Guidelines for Other Lines; Confidentiality, other than workers'
compensation insurance, are required only if requested. Underwriting guidelines
submitted in response to a request under Insurance Code §
38.003 must be filed
in compliance with subsections (d), (e), and (f) of this section.
(i) Filings under this division may not be
combined with any other filings submitted under this subchapter.
(j) Information used to classify risks for
the purpose of determining a rate must be filed under Division 6 of this title
(relating to Filings Made Easy--Requirements for Rate and Rule Filings), even
if the information is included in an underwriting guideline filing under this
division.
Notes
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