Texas Insurance Code - Not Codified - Article 5.15-3. Loss Control Information
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Art. 5.15-3. LOSS CONTROL INFORMATION.
Article repealed effective April 1, 2007
(a) Any insurer desiring to write professional liability
insurance for insureds other than hospitals, general liability
insurance, or medical professional liability insurance for
insureds other than hospitals 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 article.
(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) After opportunity for a hearing, the State Board of
Insurance may promulgate reasonable rules and regulations for the
enforcement of this article.
(e) An insurer, its agents, servants, or employees are not
liable 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 or control of losses in connection with operations of its
insured. However, this immunity does not affect the liability of an
insurer otherwise provided by a policy of insurance.
(f) Any loss control information provided by an insurer to
an insured 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. 4.03, eff.
Sept. 2, 1987. Subsec. (a) amended by Acts 2001, 77th Leg., ch.
172, Sec. 3, eff. Sept. 1, 2001.
Article: 5.13 5.13-1 5.13-2 5.13-2C 5.14 5.15-1 5.15-2 5.15-3 5.15-4 5.18 5.19 5.20 5.21 5.22 5.23
Last modified: August 11, 2007
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