Proof of Declination in Conjunction with Coverage Written by TWIA (Pursuant to TAC §5.4902 – §5.4903)
The agent submitting an application to TWIA for the subject property MUST maintain proof of declination from an authorized insurer and provide such proof to the Association, if requested.
Agents may use this Proof of Declination of Coverage form for each TWIA application submitted to confirm compliance with TWIA standards. For more information on declinations, please visit TWIA's Frequently Asked Questions page.
Summary of Key Criteria for Proof of Declination
A. The insurer must:
- Be authorized to engage in the business of property insurance in the state of Texas. Surplus lines companies do not qualify.
- Be offering new or renewal coverage for windstorm and hail insurance in the first tier coastal counties.
- Refuse to either:
- Offer (or renew) windstorm and hail insurance coverage for the subject property, or
- Provide basic insurance coverage sought by the applicant that is substantially equivalent to that offered by the Association. For example, if the lowest deductible offered by the insurer is greater than that which can be obtained from TWIA.
B. Proof of declination must:
- Document the refusal and include the name of the authorized insurer and the date of the declination. For example, a note in the file by the agent on what he or she relied upon (e.g., insurance guidelines, etc.) to meet the declination requirement as well as the name of the insurer and the date of declination.
- Be obtained for new coverage and then every three calendar years for renewal coverage.
- Be maintained either in writing or in electronic format.
- Be maintained for a period of not less than five years following the date of the submission of the application for Association coverage.
You may view the source of these requirements in the Texas Administrative Code.