An insurer engaged in the business of property and casualty insurance in Texas may participate in the Voluntary Market Depopulation program. The insurer must use forms approved by and rates filed with TDI.
Step 1: Sign Agreements with TWIA
Each participating insurer must execute a Non-Disclosure Agreement (NDA) and Participation Agreement with TWIA detailing requirements for the insurer’s use of the electronic information repository and participation in the depopulation program, including:
- A requirement that the insurer will maintain the confidentiality of the information provided by TWIA and use the confidential information exclusively for the depopulation program;
- A requirement to provide any offer and resulting policy through the existing agent of record, either by direct appointment or through a limited servicing agreement;
- A requirement to contact agents at least 60 days prior to renewal of any relevant policies and provide the number of policies identified, the commission to be paid and instructions on how the agent can obtain an appointment or limited service agreement;
- A requirement to provide to TWIA information on each policy identified to receive an offer;
- An agreement to refrain from contacting the agent until TWIA has demonstrated to TDI that the proposed offers will not impair TWIA’s public security obligations;
- An agreement to have the member company’s name listed as a participating insurer on the TWIA website;
- An agreement to make the insurer’s rates and policy forms publicly available for the agent to review; and
- Repercussions for violating the Agreement, including loss of access to the Electronic Information Repository.
Step 2: TWIA Grants Access to Policy Data
TWIA will then grant the participating insurer access to the electronic information repository. This will enable the insurer to identify, evaluate and select policies for offers to provide an alternative to existing TWIA coverage. Access to the electronic information repository will be uniform for all authorized insurers and secured via individual carrier passwords provided by TWIA.
Step 3: Insurer Identifies Policies: Provides Offers & Communications to TWIA
The participating insurer will identify the policies to receive an offer and provide to TWIA the information required by the Participation Agreement regarding each policy, as well as the reference numbers of the approved rate and form filings and notices. The participating insurer must confirm that it will use the approved referenced forms and rates for all offers made and accepted in the depopulation program. Insurers must submit for TWIA’s review communications that make it clear to the agent that the offers are through the Voluntary Program, and distinguish the terms from offers under the Assumption Program.
Step 4: TWIA Review & Notification
TWIA will review the information provided for compliance with the governing rules and statutes and determine whether the offers will impair TWIA’s public security obligations. If TWIA determines that the proposed offers will impair TWIA’s public security obligations, TWIA will notify the insurer.
Step 5: TWIA Submission of Offers to TDI
If TWIA determines that the proposed offers will not impair TWIA’s public security obligations, TWIA will submit the information to TDI for approval, including information demonstrating that the offers do not impair TWIA’s public security obligations. The submission will confirm that TWIA will comply with all disclosure requirements pertaining to outstanding public securities and associated with the proposed offers.
Step 6: TWIA Notification to Insurer of TDI Status
TWIA will notify the participating insurer upon receiving TDI’s approval or disapproval of the program. If approved and upon receiving notification from TWIA, the participating insurer can contact the agent of record with the offer(s) of coverage. Participating insurers will contact agents at least 60 days prior to renewal as required by the Non-Disclosure Agreement (NDA) and Participation Agreement.
Step 7: Insurer & Agent Enter Agreement
The program allows the policyholder to retain his or her current agent. The participating insurer will either appoint the agent per their standard appointment process or via a limited service agreement.
Step 8: Policyholder Accepts or Rejects Offer
The policyholder and his or her agent may accept or reject any offer received. Participating insurers must make the offers effective upon expiration of the TWIA policy; however, a participating insurer may offer to write a policy sooner if the insured elects to cancel his or her TWIA policy prior to expiration.
Step 9: Insurers Notify TWIA of Policies Bound
Participating insurers must notify TWIA at least monthly of the policies for which offers of coverage are accepted.