Tex. Ins. Code Section 2210.208
Windstorm and Hail Insurance: Coverage for Certain Indirect Losses

(a)

Except as provided by Subsections (e) and (f), a windstorm and hail insurance policy issued by the association for a dwelling, as that term is defined by the department or a successor to the department, must include coverage for:

(1)

wind-driven rain damage, regardless of whether an opening is made by the wind;

(2)

loss of use; and

(3)

consequential losses.

(b)

A windstorm and hail insurance policy issued by the association for tenant contents of a dwelling or other residential building must include coverage for loss of use and consequential losses.

(c)

The coverage required under Subsection (a) or (b) must be made:

(1)

according to forms approved by the commissioner; and

(2)

for a premium paid by the insured based on rates established by commissioner rule.

(d)

The association shall provide coverage under this section as directed by commissioner rule.

(e)

The association is not required to offer coverage for indirect losses as provided by Subsection (a) or (b) unless that coverage was excluded from a companion policy in the voluntary market.

(f)

The association is not required to provide coverage for:

(1)

loss of use, if the loss is loss of rent or loss of rental value; or

(2)

additional living expenses, if the insured property is a secondary or a nonprimary residence.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Source: Section 2210.208 — Windstorm and Hail Insurance: Coverage for Certain Indirect Losses, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­2210.­htm#2210.­208 (accessed Nov. 25, 2023).

2210.001
Purpose 2210.002
Short Title 2210.003
General Definitions 2210.004
Definition of Insurable Property 2210.005
Designation as Catastrophe Area 2210.006
Applicability of Chapter to Certain Insurers 2210.007
Immunity from Liability in General 2210.008
Department Orders 2210.009
List of Private Insurers 2210.010
Certain Conduct in Dispute Resolution Prohibited 2210.012
Standards of Conduct: Board of Directors and Employees 2210.013
Certain Employment and Contracts Prohibited 2210.014
Applicability of Certain Other Law 2210.015
Study of Market Incentives 2210.016
Agent Requirements 2210.0025
Biennial Report to Legislature 2210.051
Composition of Association 2210.052
Member Participation in Association 2210.053
Operation of Association 2210.054
Annual Statement 2210.055
Legal Counsel 2210.056
Use of Association Assets 2210.057
Examination of Association 2210.058
Audit of Association 2210.059
Claims Practices Audit 2210.060
Indemnification by Association 2210.061
Contractors and Managerial Employees: Compensation and Bonuses 2210.062
Administration by Contracted Administrator Authorized 2210.071
Payment of Excess Losses 2210.075
Reinsurance 2210.0081
Certain Actions Brought Against Association by Commissioner 2210.101
Accountable to Commissioner 2210.102
Composition 2210.103
Terms 2210.104
Officers 2210.105
Meetings 2210.106
Immunity of Director or Officer from Liability 2210.107
Primary Board Objectives 2210.108
Open Meetings and Open Records 2210.109
Disclosure of Conflicts 2210.151
Adoption of Plan of Operation 2210.152
Contents of Plan of Operation 2210.153
Amendments to Plan of Operation 2210.201
Definition of Insurable Interest 2210.202
Application for Coverage 2210.203
Issuance of Coverage 2210.204
Cancellation of Certain Coverage 2210.205
Required Policy Provisions: Deadline for Filing Claim 2210.207
Windstorm and Hail Insurance: Replacement Cost Coverage 2210.208
Windstorm and Hail Insurance: Coverage for Certain Indirect Losses 2210.209
Windstorm and Hail Insurance: Coverage for Certain Property Located over Water 2210.210
Coverage of Certain Structures Prohibited 2210.251
Plan of Operation Compliance Requirements 2210.252
International Residential Code Building Specifications 2210.253
Insurer Assessment: First Tier Coastal County 2210.254
Qualified Inspectors 2210.256
Disciplinary Proceedings Regarding Appointed Inspectors and Certain Other Persons 2210.257
Deposit of Fees 2210.258
Compliance with Building Codes 2210.259
Surcharge for Certain Noncompliant Structures 2210.351
Association Filings 2210.352
Manual Rate Filings: Annual Filing 2210.353
Manual Rate Filings: Amended Annual Filing 2210.354
Manual Rate Filings: Additional Supporting Information 2210.355
General Rate Requirements 2210.357
Rate Classifications 2210.358
Experience Data 2210.359
Limitation on Certain Rate Changes 2210.361
Association Recommendations Regarding Reductions in Coverages or Increases in Deductibles 2210.362
Implied Consent by Applicant for Insurance Coverage 2210.363
Premium Discounts 2210.451
Definition 2210.452
Establishment and Use of Trust Fund 2210.453
Funding Levels 2210.454
Mitigation and Preparedness Plan 2210.455
Catastrophe Plan 2210.501
Maximum Liability Limits 2210.502
Adjustments to Maximum Liability Limits 2210.503
Filing of Proposed Adjustments with Commissioner 2210.504
Commissioner Action on Proposed Adjustments 2210.505
Reinsured Excess Limits 2210.506
Exception from Certain Administrative Procedures 2210.551
Appeals 2210.554
Voluntary Arbitration of Certain Coverage and Claim Disputes 2210.571
Definitions 2210.572
Exclusive Remedies and Limitation on Award 2210.573
Filing of Claim 2210.574
Disputes Concerning Amount of Accepted Coverage 2210.575
Disputes Concerning Denied Coverage 2210.576
Issues Brought to Suit 2210.577
Limitations Period 2210.578
Expert Panel 2210.579
Construction with Other Law 2210.580
Rulemaking 2210.581
Commissioner Extension of Deadlines 2210.582
Ombudsman Program 2210.601
Purpose 2210.602
Definitions 2210.603
Applicability of Other Laws 2210.604
Issuance of Public Securities Authorized 2210.605
Terms of Issuance 2210.606
Additional Covenants 2210.607
Public Security Proceeds 2210.608
Use of Public Security Proceeds 2210.609
Repayment of Association’s Public Security Obligations 2210.610
Public Security Payments 2210.611
Excess Revenue Collections and Investment Earnings 2210.614
Refinancing Public Securities 2210.615
Source of Payment 2210.616
State Not to Impair Public Security Obligations 2210.617
Enforcement by Mandamus 2210.618
Exemption from Taxation 2210.619
No Personal Liability 2210.620
Authorized Investments 2210.651
Definition 2210.652
Composition of Board 2210.653
Powers and Duties of Board 2210.654
Report 2210.701
Depopulation Program 2210.702
Assumption Reinsurance Depopulation 2210.703
Renewal of Reinsured Policies 2210.704
Confidentiality of Information 2210.705
Transfer of Policies 2210.0715
Payment from Reserves and Trust Fund 2210.1031
Training 2210.1051
Meetings of Board of Directors 2210.1052
Emergency Meeting 2210.2031
Automatic Renewal 2210.2032
Premium Payment Methods 2210.2041
Nonrefundable Surcharge 2210.2515
Issuance of Certificates of Compliance 2210.2551
Enforcement Authority 2210.3511
Public Access to Rate Adequacy Analysis 2210.3512
Requirement for Vote on Rate Filing 2210.4521
Investment of Trust Fund Balances 2210.5731
Payment of Claim 2210.5732
Supplemental Payments 2210.5741
Replacement Cost Coverage Claim Processing 2210.6165
Property Rights
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Accessed:
Nov. 25, 2023

§ 2210.208’s source at texas​.gov