Texas Insurance Code - Section 38.003. Underwriting Guidelines For Other Lines; Confidentiality
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§ 38.003. UNDERWRITING GUIDELINES FOR OTHER LINES;
CONFIDENTIALITY. (a) This section applies to all underwriting
guidelines that are not subject to Section 38.002.
(b) For purposes of this section, "insurer" means a
reciprocal or interinsurance exchange, mutual insurance company,
capital stock company, county mutual insurance company, Lloyd's
plan, life, accident, or health or casualty insurance company,
health maintenance organization, mutual life insurance company,
mutual insurance company other than life, mutual, or natural
premium life insurance company, general casualty company,
fraternal benefit society, group hospital service company, or other
legal entity engaged in the business of insurance in this state.
The term includes an affiliate as described by Section 2, Article
21.49-1, or Section 823.003(a) if that affiliate is authorized to
write and is writing insurance in this state.
(c) The department or the office of public insurance counsel
may obtain a copy of an insurer's underwriting guidelines.
(d) Underwriting guidelines are confidential, and the
department or the office of public insurance counsel may not make
the guidelines available to the public.
(e) The department or the office of public insurance counsel
may disclose to the public a summary of an insurer's underwriting
guidelines in a manner that does not directly or indirectly
identify the insurer.
(f) When underwriting guidelines are furnished to the
department or the office of public insurance counsel, only a person
within the department or the office of public insurance counsel
with a need to know may have access to the guidelines. The
department and the office of public insurance counsel shall
establish internal control systems to limit access to the
guidelines and shall keep records of the access provided.
(g) This section does not preclude the use of underwriting
guidelines as evidence in prosecuting a violation of this code.
Each copy of an insurer's underwriting guidelines that is used in
prosecuting a violation is presumed to be confidential and is
subject to a protective order until all appeals of the case have
been exhausted. If an insurer is found, after the exhaustion of all
appeals, to have violated this code, a copy of the underwriting
guidelines used as evidence of the violation is no longer presumed
to be confidential.
(h) A violation of this section is a violation of Chapter
552, Government Code.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Renumbered from V.T.C.A., Insurance Code § 38.002 and amended by
Acts 2003, 78th Leg., ch. 206, § 8.01, eff. June 11, 2003.
Section: 36.205 37.001 37.051 37.052 37.053 38.001 38.002 38.003 38.051 38.052 38.101 38.102 38.103 38.104 38.105
Last modified: August 11, 2007
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