Procedural Updates

TDI calls for data collection for 2019 North Texas storm

The Texas Department of Insurance (TDI) has issued a data call to all insurers, including surplus lines insurers and insurers licensed to write property and casualty insurance in Texas, for the wind, hail, thunderstorm, and flood event that took place on October 20, 2019, in North Texas. Please visit TDI’s website for data call instructions and related information.

Only companies required to report property lines in 2020 under the statistical plan are required to report data for this event. A list of the surplus lines companies which are required to respond to the data call can be found directly on TDI’s website relating to the data collection bulletin.

Companies must send all reports to TDI’s statistical agent, Insurance Services Office, Inc. (ISO). ISO needs reporting insurers to complete the attached form on Bulletin #B-0040-20 to set up the appropriate credentials for statistical reporting. Please return the form to ISO at TXCatStatAgent@verisk.com. Any questions about registering with ISO should be sent to TXCatStatAgent@verisk.com. Once your registration is processed, ISO will provide you with your credentials and relevant reporting instructions.

Property insurers should contact ISO even if the company does not have any claims to report for the wind, hail, thunderstorm, and flood event. These companies will still be required to respond to TDI’s bulletin as provided in the statistical plan.

The first report for data as of September 30, 2020, is due December 28, 2020. Subsequent reports are due on a quarterly basis, 30 days after the end of the quarter. For any questions about how to submit data to ISO, please contact TXCatStatAgent@verisk.com.

SMART Release Updates October 2020

On June 19, 2020, SLTX released portions of its new online filing system, SMART. This release contained filing features that are specific to automated or “programmatic” filers as these filing methods make up with the largest majority of the transactions filed with SLTX. Beta testing is ongoing and feedback by automated filing broker users is strongly encouraged as broker testing is the primary mechanism to ensure data related scenarios are handled effectively and efficiently. If you, as an automated filer, have not requested the updated Technical Reference and User Guides, please contact the SLTX Tech Support team by email.

The focus of October’s release are features for the Reporting module, which will allow SLTX to transition away from existing legacy applications. Once complete, both internal and external users will be able to access reports directly through the SMART application. Once the Reporting modules are complete, SLTX will resume work on the internal and external filing modules to include manual entry, transaction inquiry, and corrections. Development and subsequent releases relating to these specific filing modules will resume in early 2021.

While beta testing and feedback are ongoing, current EFS processes and procedures will continue to be available. Both systems will remain functional and work concurrently until the entire suite of features in SMART are fully delivered.

With each new release or significant deployment, additional notifications will be sent to existing users of SLTX’s Electronic Filing System (EFS). These notifications may also be found directly on our website under News>Procedural Updates.

Please contact the SLTX Tech Support team by email or phone at (512) 531-1880 or (800) 681-5848 with any questions.

TDI Commissioner Approves SLTX Stamping Fee Decrease

Texas Department of Insurance Commissioner Kent Sullivan signed an Order decreasing the stamping fee from the current rate of 0.15% of gross premium to 0.075%. The fee reduction aligns with the recommendation submitted to the Commissioner by the SLTX Board on June 25, 2020.  The new fee will become effective January 1, 2021.

Additionally, SLTX provided notice yesterday that it would reduce the number of lead-days allowed for transactions from 90 days to 45 days; however, because the fee and timing of the change were received today, SLTX has made the necessary adjustments to our system(s) and rescinded the notice.  We will resume acceptance of transactions with the standard lead-time of 90 days. Given the January 1st timing of the fee change and the standard 90-day lead-time, SLTX does not expect that any late filings to be generated due to this change.

The Official Order, SLTX Board recommendation, and associated documents can be found on the TDI website here.

The stamping office is here to provide aid and excellent customer service to all in our industry. If there are any questions or concerns, please utilize our “Submit your Questions” page on our website.

Updated SMART Features Released August 2020

On June 19, 2020, SLTX released portions of its new online filing system, SMART. At this time, surplus lines agents and brokers utilizing the automated filing can begin reviewing necessary changes and testing the new system. A separate communication was sent directly to any existing automated filing agencies, which includes specifics about this latest deployment.

SLTX’s SMART technology uses agile project management methodology, allowing portions of the system to be released as they are developed. This promotes flexibility and adaptability in which changes can be made as needed throughout the process.

The latest release includes “delete” transactions for the application programming interface (API), bug fixes and process improvements, as well as aspects relating to internal filing. Additionally, updates to the API and SMART Connector technical guides as well as the SMART API User Guide have been published. Continued beta testing and feedback by broker users are ongoing and strongly encouraged as testing is the primary mechanism to ensure data related scenarios are handled effectively and efficiently.

Adobe will no longer support Flash by the end of 2020. This led SLTX to reprioritize its development and begin work on the reporting elements of SMART sooner than initially anticipated. Work for this module was originally slated for much later in the project timeline, but as SLTX’s current platform uses Flash to manage report generation and view features, it is necessary to transition completely out of this module before support ends. Delays regarding delivery of additional or new features in SMART which relate to external filing may occur. Once reporting modules are complete, SLTX will resume work on the external filing modules to include manual entry, transaction inquiry, and corrections.

As beta testing and feedback are ongoing, current EFS processes and procedures will continue to be available. Both systems will remain functional and work concurrently until the entire suite of features in SMART are fully delivered.

With each new release or significant deployment, additional notifications will be sent to existing users of SLTX’s Electronic Filing System (EFS).

Please contact the SLTX Tech Support team by email or phone at (512) 531-1880 or (800) 681-5848 with any questions.

Commissioner of Insurance to Overlook Recommendation to Reduce Stamping Fee for SLTX

The Texas Department of Insurance has provided a notice of recommendation by the Surplus Lines Stamping Office of Texas Board of Directors regarding a decrease in the stamping fee from the current rate of 0.15% of gross premium to 0.075%. Surplus lines agents provide stamping fee payments to the stamping office which in return funds operations within the organization. The final decision will belong to the Commissioner of Insurance to approve any changes made to the stamping fee.

TDI will be accepting public comments regarding the stamping fee decrease as well as the date for which the decrease will go into effect.

A copy of the recommendation and associated documents can be found here.

The Texas Department of Insurance will also accept written comments regarding the decrease of the stamping fee, but they must be submitted before 5 PM, Central Time, on August 27, 2020. Comments can be sent via mail (Office of the Chief Clerk, MC 112-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104) or email (ChiefClerk@tdi.texas.gov)

Updated Plan of Operation Posted on SLTX Website

On July 3, 2020, the Texas Commissioner of Insurance released an official order regarding Plan of Operation amendments for the Surplus Lines Stamping Office of Texas.

The updated Plan of Operation can now be viewed on the SLTX website. Additionally, the prior Plan of Operation is also available on the same webpage.

For more information on the background and timeline in addition to the Plan of Operation, please visit Order No. 2020-6384 on the Texas Department of Insurance website.

Texas Commissioner of Insurance Adopts SLTX Plan of Operation

On July 3, 2020, the Texas Commissioner of Insurance released an official order regarding Plan of Operation amendments for the Surplus Lines Stamping Office of Texas.

Prior to the announcement, the Texas Department of Insurance held a public hearing on June 17, 2020 to consider amendments for the SLTX Plan of Operation. Due to COVID-19, the hearing was held via teleconference. The archived meeting can be found here.

Order No. 2020-6384 provides a background and timeline in addition to the adopted Plan of Operation. For further information, please visit the Texas Department of Insurance website.

FEMA Releases Guidance Packet in Wake of 2020 Hurricane Season

As hurricane season approaches, the Federal Emergency Management Agency (FEMA) has announced the release of their “COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season.” This guide will allow emergency managers and public health officials to stay prepared in the event of a natural disaster, while continuing to stay alert and responsive during the coronavirus (COVID-19) pandemic. The packet can also benefit private sectors and non-government organizations to better understand the government’s efforts to stay prepared.

Compared to previous years, FEMA’s program delivery will be different this year due to the pandemic. However, there should not be any major changes regarding program eligibility, time frame for grant awards, or amount of assistance to be provided under the “Individual and Households Program.” Although the focus of the guidance packet is for hurricane season, it may still be useful throughout the COVID-19 pandemic without any notice of storm systems.

FEMA further states they will continue to operate through their locally executed, state managed, and federal incident response system. This will allow for better collaboration between FEMA and state, local, tribal, and territorial partners before hurricane season begins. With this shared understanding, disaster response and recovery efforts will be better executed and received by the nation.

For more information on FEMA’s 2020 pandemic operational guide during the hurricane season, please visit FEMA’s website.

Gov. Abbott Signs DSLI Bill

House Bill 2492, which authorizes domestic surplus lines insurers (DSLI) in Texas, was signed into law by Texas Governor Greg Abbott on Thursday, June 15, 2017.

The bill, effective January 1, 2018, will allow surplus lines insurers domiciled in other states to apply for a DSLI certificate from the Texas Department of Insurance (TDI). If approved, the insurer will be designated as a DSLI, which means that it may be domiciled in Texas and write surplus lines policies in Texas. Before the law was introduced, eligible surplus lines insurers were required to be domiciled outside of Texas to write business in the state.

The passage of the law may increase jobs and revenue in Texas, as well as improve regulatory oversight by TDI. New procedures and policies for DSLIs may also be introduced as the law takes effect.

Congressional Committee Holds Hearing on NFIP

The federal Financial Services Committee met Wednesday, June 7, 2017, to discuss the National Flood Insurance Program (NFIP) in a hearing titled, “Flood Insurance Reform: A Taxpayer’s Perspective.”

The program is set to expire on September 30, 2017, and the legislature currently has six house resolutions on the table to reform the NFIP. If passed, these measures would improve flood premium affordability, open the market to private insurers, address insurance fraud, and allow local mapping of flood-prone areas as an alternative to NFIP maps.

Congressman Jeb Hensarling, Committee Chairman, stated that the NFIP runs an annual actuarial deficit of $1.4 billion, and faces a total debt of $24.6 billion. In addition, 2 percent of all policies account for 25 percent of all claims under the program.

Ranking Member Maxine Waters noted that Congress cannot allow the program to lapse, but that it should take measures, such as addressing cost, allowing a long-term reauthorization, and putting policyholders first, to ensure the NFIP’s success.

Five individuals participated in a panel to address concerns and questions posed by the committee. Those testifying had differing opinions on how best to improve the NFIP, but most agreed that providing more affordable flood premium rates and expanding to the private insurance sector would benefit policyholders.

The NFIP must be reauthorized by Congress this session to remain operational, but no legislation has yet made it to the floor of the House of Representatives.

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