28 Tex. Admin. Code § 5.7107

Current through Reg. 49, No. 44; November 1, 2024
Section 5.7107 - [Effective 1/1/2025] Notice of Mandatory Nonrenewal and Opportunity to Cooperate Under Insurance Code Section 551.1053
(a) The Notice must be written in:
(1) plain language (see TDI's website for plain language guidance); and
(2) at least 10-point type.
(b) The Notice must inform the named insured:
(1) of the identity of the insured who failed or refused to cooperate, if known;
(2) how the insured failed or refused to cooperate;
(3) of the insurer's attempts to contact the insured, if the insurer has been unable to contact the insured;
(4) of the claim or other identifying number, or action for which the insurer is requesting cooperation;
(5) that the insurer will not renew the policy if the insured continues to fail or refuse to cooperate;
(6) that there is still time to cooperate;
(7) that the insured must cooperate to stop nonrenewal of the policy;
(8) of the date of nonrenewal; and
(9) that if the insurer decides that the insured has cooperated, then the insurer will not nonrenew the policy for failure or refusal to cooperate.
(c) Insurers must provide the Notice either:
(1) in English and in Spanish; or
(2) in English with a statement in Spanish on the first page that the policy will be nonrenewed if the insured continues to fail or refuse to cooperate. The statement must include the insurer's phone number.
(d) The Notice may include additional information that does not violate any statutes or rules, including that:
(1) the insurer might send a renewal offer if the insurer has not already sent a notice of nonrenewal for other reasons under Insurance Code § 551.105, concerning Nonrenewal of Policies; Notice Required; and
(2) even if the insured cooperates, the insurer may nonrenew the policy for other reasons.
(e) Insurers are not required to file the Notice with TDI unless TDI requests it.

28 Tex. Admin. Code § 5.7107

Adopted by Texas Register, Volume 49, Number 16, April 19, 2024, TexReg 2542, eff. 1/1/2025