Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 5 - PROPERTY AND CASUALTY INSURANCE
Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION
Division 3 - LOSS FUNDING, INCLUDING CATASTROPHE RESERVE TRUST FUND, FINANCING ARRANGEMENTS, AND PUBLIC SECURITIES
Section 5.4185 - Mandatory Premium Surcharge Collection

Universal Citation: 28 TX Admin Code § 5.4185

Current through Reg. 50, No. 13; March 28, 2025

(a) Insurers may not pay the surcharges instead of surcharging their policyholders; however, an insurer may remit a surcharge prior to collecting the surcharge from its policyholder.

(b) Insurers must collect the contingent surcharges proportionately as the insurer collects the premium.

(c) The association must collect the association surcharge in full when due for policies compliant with § 5.4912 (relating to Filing and Issuance of Policy Forms Relating to Premium Surcharges under Insurance Code §§ 2210.612, 2210.613, and 2210.6131) of Division 10 of this subchapter. For policies not yet compliant with § 5.4912, the association must collect association surcharges in full no later than the effective date of the policy.

(d) Under Insurance Code §§ 2210.612(d), 2210.613(d), and 2210.6131(d), the failure of a policyholder to pay the association surcharge constitutes failure to pay premium for the purposes of policy cancellation.

(e) Before insurers may apply funds in a given payment to premiums, they must either:

(1) apply funds in the payment to any contingent surcharges due in that payment; or

(2) apply funds in the payment to any contingent surcharges due in that payment in proportion to the amount of contingent surcharges due in that payment.

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