Tex. Ins. Code Section 544.353
Restrictions on Use of Claims History for Water Damage


(a)

Underwriting guidelines relating to a water damage claim or claims used by an insurer shall be governed by rules adopted by the commissioner in accordance with the purpose of this subchapter. An insurer may not use an underwriting guideline relating to a water damage claim or claims that is not in accordance with the rules adopted by the commissioner under this subchapter.

(b)

An insurer shall file with the department its underwriting guidelines relating to a water damage claim or claims in accordance with the rules adopted by the commissioner.

(c)

Except as provided by Subsection (e), an insurer may not use a prior appliance-related claim filed by a person as a basis for determining the rate to be paid by the person for insurance coverage or for determining whether to issue, renew, or cancel an insurance policy to or for the person if the person:

(1)

properly remediated the prior appliance-related claim; and

(2)

had the remediation inspected and certified by a person or entity knowledgeable and experienced in the remediation of water damage.

(d)

Except as provided by Subsection (e), an insurer may not use a prior appliance-related claim filed regarding specific property as a basis for determining the rate to be paid by a person for insurance coverage for that property or for determining whether to issue, renew, or cancel an insurance policy to or for a person seeking insurance coverage for that property if the prior appliance-related claim was properly remediated and was inspected and certified by a person knowledgeable and experienced in remediation of water damage.

(e)

Subsections (c) and (d) do not apply to:

(1)

a person who has made and has received payment for three or more appliance-related claims within a three-year period; or

(2)

specific property that has been the subject of three or more appliance-related claims within a three-year period.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.015(a), eff. September 1, 2005.

Source: Section 544.353 — Restrictions on Use of Claims History for Water Damage, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­544.­htm#544.­353 (accessed Jun. 5, 2024).

544.001
Applicability of Subchapter
544.002
Unfair Discrimination
544.003
Exceptions
544.004
Enforcement Actions
544.051
Applicability of Subchapter
544.052
Unfair Discrimination
544.053
Exceptions
544.054
Judicial Action
544.101
Definitions
544.102
Applicability of Subchapter
544.103
Prohibition on Use of Certain Guidelines
544.151
Definition
544.152
Applicability of Subchapter
544.153
Prohibitions
544.154
Confidentiality of Certain Information
544.155
Underwriting Criteria
544.156
Health Benefit Plan Issuer or Life Insurer Not Liable for Death or Bodily Injury
544.157
Right to Continued Coverage Unaffected
544.158
Unfair or Deceptive Act or Practice
544.201
Definition
544.202
Prohibition
544.203
Unfair or Deceptive Act or Practice
544.204
Payment for Disease Not Required
544.251
Definitions
544.252
Applicability of Subchapter
544.253
Prohibition
544.254
Unfair or Deceptive Act or Practice
544.301
Definitions
544.302
Applicability of Subchapter
544.303
Prohibition of Certain Underwriting Decisions Based on Previous Mold Claim or Damage
544.304
Rules
544.305
Penalty
544.351
Purpose
544.352
Definitions
544.353
Restrictions on Use of Claims History for Water Damage
544.354
Rules
544.401
Offense: Certain Discrimination
544.451
Definition
544.452
Applicability of Subchapter
544.453
Prohibition
544.501
Definition
544.502
Limitation on Certain Inquiries
544.503
Violation of Subchapter
544.551
Definition
544.552
Applicability
544.553
Prohibition of Underwriting and Rating Decisions Based on Consumer Inquiry
544.601
Applicability of Subchapter
544.602
Prohibition
544.603
Exceptions
544.604
Enforcement Actions
544.651
Definition
544.652
Applicability of Subchapter
544.653
Prohibitions

Accessed:
Jun. 5, 2024

§ 544.353’s source at texas​.gov