Tex. Ins. Code § 1701.057 · Subchapter B. FILING REQUIREMENT
WITHDRAWAL OF INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICY FORM APPROVAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), the commissioner may, after notice and hearing, withdraw approval of an individual accident and health insurance policy form if, after consideration of all relevant facts, the commissioner determines that:
(1) the benefits provided under the form are unreasonable in relation to the premium charged; or
(2) the reserve required by Section 862.102 is not maintained by the insurer on the policies issued on the form.
(b) If an individual accident and health insurance policy form has been on file with the department for at least 360 days and has been affirmatively approved by the commissioner, been considered approved under this chapter, or been exempted from the approval requirements of this chapter, the commissioner may withdraw the approval or exemption only if:
(1) the form violates this code or a rule adopted under this code; or
(2) the commissioner finds proof of gross misrepresentation or fraud to a policyholder.
(c) To enable the department to determine compliance with Subsection (b), the commissioner:
(1) shall require an insurer to file the rates charged by that insurer for individual accident and health insurance policies; and
(2) may adopt and require an insurer to file in conjunction with the annual statement required under Section 841.255, 982.101, or 982.103 a form for reporting the insurer's experience on individual accident and health insurance policy forms issued by the insurer.
(d) The commissioner shall, in accordance with Section 1201.007, adopt reasonable rules necessary to establish standards under which the approval of an individual accident and health insurance policy form may be withdrawn.
(e) This section does not grant the commissioner the authority to determine, fix, prescribe, or promulgate rates to be charged for an individual accident and health insurance policy.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 5, eff. April 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1701.htm
- Text hash
- sha256 75ba40128df7e109777bf1c65db66b86f0e77dfbde1b8b2eeeb956671c7addd5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Tex. Ins. Code § 841.255ANNUAL STATEMENT; FILING FEE.Printed as Section 841.255, 982.101, or 982.103
- Tex. Ins. Code § 862.102REINSURANCE OR RESERVES REQUIRED FOR FIRE INSURANCE.Printed as Section 862.102
- Tex. Ins. Code § 982.101FILING OF FINANCIAL STATEMENT BY LIFE, HEALTH, OR ACCIDENT INSURANCE COMPANY.Printed as Section 841.255, 982.101, or 982.103
- Tex. Ins. Code § 982.103FILING OF FINANCIAL STATEMENT BY ALIEN INSURANCE COMPANY.Printed as Section 841.255, 982.101, or 982.103
- Tex. Ins. Code § 1201.007NOTICE AND HEARING.Printed as Section 1201.007
Cited by 1 provision
Provisions in this library whose text cites Tex. Ins. Code § 1701.057. Each shows the citation as that text prints it.
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