Texas Insurance Code - Not Codified - Article 5.06-4. Loss Control Services
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Art. 5.06-4. LOSS CONTROL SERVICES.
Article repealed effective April 1, 2007
(a) Any insurer desiring to write commercial automobile
liability insurance in this state must provide loss control
information as a prerequisite for writing that insurance.
(b) The insurer shall provide loss control information to
its policyholders reasonably commensurate with the risks and
exposures and experience of the insured's business. To provide
this information or services, the insurer may employ qualified
personnel, retain qualified independent contractors, contract with
the policyholder to provide qualified accident prevention
personnel and services, or use a combination of the methods
provided by this section.
(c) If there is evidence that reasonable loss control
information is not being provided by the insurer or is not being
used by the insurer in a reasonable manner to reduce losses, the
State Board of Insurance shall order a hearing to determine if the
insurer is not in compliance with this article. If it is determined
that the insurer is not in compliance, the board may impose any of
the sanctions authorized by Section 7, Article 1.10, of this code.
(d) The State Board of Insurance may promulgate reasonable
rules and regulations for the enforcement of this article after
holding a public hearing on the proposed rules and regulations.
(e) An insurer or its agents, servants, or employees are not
liable for, and no cause of action arises with respect to, any
accident based on the allegation that the accident was caused or
could have been prevented by a program, information, inspection, or
other activity or service undertaken by the insurer for the
prevention of accidents in connection with operations of its
insured. However, this immunity does not affect the liability of an
insurer for compensation or as otherwise provided in a policy of
insurance.
(f) Loss control information provided by an insurer to an
insured pursuant to this article is not subject to discovery or
admissible in any civil proceeding as evidence.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 1, Sec. 4.02, eff.
Sept. 2, 1987. Subsec. (a) amended by Acts 2001, 77th Leg., ch.
172, Sec. 1, eff. Sept. 1, 2001.
Article: 5.04 5.04-1 5.05 5.06 5.06-1 5.06-2 5.06-3 5.06-4 5.06-5 5.06-6 5.07 5.07-1 5.08 5.09 5.10
Last modified: August 11, 2007
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