28 Tex. Admin. Code § 5.9911

Current through Reg. 49, No. 44; November 1, 2024
Section 5.9911 - Definitions

The following words and terms, when used in this subchapter, have the following meanings.

(1) Agent--Any person licensed by the commissioner as a general lines property and casualty agent under Insurance Code §4051.051, concerning License Required.
(2) Applicant--Any person applying for insurance from FAIR Plan, including any person designated by the applicant to be the applicant's representative at an inspection.
(3) Association or FAIR Plan--The Fair Access to Insurance Requirements (FAIR) Plan Association created under Insurance Code Chapter 2211, concerning FAIR Plan.
(4) Commissioner--The Texas commissioner of insurance.
(5) Governing Committee--The Governing Committee of FAIR Plan authorized under Insurance Code §2211.052, concerning Administration of FAIR Plan; Composition of Governing Committee.
(6) Inspector--The individual(s) or organization(s) designated by FAIR Plan to make inspections to determine the condition of the properties for which residential property insurance and property owners' association insurance is sought and to perform such other duties as may be authorized by FAIR Plan or the commissioner.
(7) Insurable risk--Property that meets the underwriting rules of FAIR Plan for determining the insurability of the risk.
(8) Member insurer or member--An insurer licensed to write property and casualty insurance in Texas and writing residential property insurance in Texas, including reciprocal exchanges and Lloyds plan insurers.
(9) Property owners' association--Homeowners' or condominium owners' association.
(10) Property owners' association insurance--Has the meaning assigned by Insurance Code §2211.001(6-a), concerning Definitions.
(11) Residential property insurance--Coverage as defined in Insurance Code §2211.001, concerning Definitions, with the exception of farm and ranch owners and farm and ranch insurance as set forth in Insurance Code §2301.003, concerning Applicability of Subchapter.
(12) Residential property insurance premiums--Net direct written premiums for residential property insurance for a calendar year as determined by the Texas residential property statistical plan.
(13) TDI--The Texas Department of Insurance.
(14) Underserved area--
(A) For residential property insurance, the areas designated by the commissioner in § 5.3701 of this chapter (relating to Designation of Underserved Areas for Residential Property Insurance for Purposes of the Insurance Code Article 21.49A).
(B) For property owners' association insurance, the areas determined by the commissioner under §5.9933 of this chapter (relating to Determining Underserved Areas for Property Owners' Association Insurance).
(15) TWIA--The Texas Windstorm Insurance Association established under Insurance Code Chapter 2210.
(16) Underwriting rules--The underwriting rules for residential property insurance and property owners' association insurance as developed by FAIR Plan that have been filed with and approved by the commissioner.

28 Tex. Admin. Code § 5.9911

The provisions of this §5.9911 adopted to be effective May 28, 2003, 28 TexReg 4153; Amended by Texas Register, Volume 49, Number 41, October 11, 2024, TexReg 8387, eff. 10/15/2024