Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 5 - PROPERTY AND CASUALTY INSURANCE
Subchapter M - FILING REQUIREMENTS
Division 11 - FILINGS MADE EASY - CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE
Section 5.9376 - Restrictions on the Content of Certificates of Insurance
Universal Citation: 28 TX Admin Code § 5.9376
Current through Reg. 50, No. 13; March 28, 2025
(a) Required language. A certificate of insurance must contain the phrase "for information purposes only" or similar language, or state that:
(1) the certificate
of insurance does not confer any rights or obligations other than the rights
and obligations conveyed by the policy referenced on the form; and
(2) the terms of the policy control over the
terms of the certificate of insurance.
(b) Specific limitations.
(1) A certificate of insurance may not amend,
extend, or alter the coverage afforded by the referenced insurance
policy.
(2) A certificate of
insurance may not confer to a certificate holder new or additional rights
beyond what the referenced policy or any executed endorsement
provides.
(3) A certificate of
insurance may not alter or modify a certificate of insurance form approved by
TDI unless TDI approves the alteration or modification.
(4) A certificate of insurance may not
contain false or misleading information concerning the referenced insurance
policy.
(A) Requests for information on the
certificate of insurance form must be specific, clear, and
reasonable.
(B) Any explanatory
information included in a completed certificate of insurance is limited to
language in the referenced policy and any executed endorsements.
(5) A certificate of insurance may
not contain a reference to a legal or insurance requirement contained in a
contract other than the underlying contract of insurance, including a contract
for construction or services.
(A) A
certificate of insurance may refer to the language in the underlying contract
of insurance.
(B) A certificate of
insurance may not refer to, describe, explain, or define obligations under a
contract other than the underlying contract of insurance.
(6) A certificate of insurance may not alter
the terms and conditions of a right to notice of cancellation, nonrenewal, or
material change, or any similar notice concerning a policy of insurance
required by the insurance policy or Texas law.
(A) A certificate of insurance may not create
a new or additional duty to notify.
(B) Any statement on a certificate of
insurance regarding an existing duty to notify is limited to language in the
referenced policy and any executed endorsements.
(c) Disapproval. The Commissioner will disapprove a filed certificate of insurance form, or withdraw approval of an approved certificate of insurance form if the form:
(1) contains a provision or has a title or
heading that is misleading or deceptive or violates public policy;
(2) violates any state law, including an
administrative rule;
(3) requires
an agent to certify insurance coverage that is not available in the line or
type of insurance coverage referenced on the form; or
(4) directly or indirectly requires the
Commissioner to make a coverage determination under a policy of insurance or
insurance transaction.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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