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Texas Reminds Insurers of Limits on Filing Confidentiality

Sept. 24, 2015 AAIS Advisory notice

The Texas Department of Insurance (DOI) recently issued a bulletin reminding property/casualty insurers in that state that underwriting guidelines filed for personal auto and residential property policies do not automatically qualify to be withheld from the public.

The bulletin cites a January 2014 opinion of the state's attorney general saying that confidentiality of filed underwriting guidelines cannot be presumed under Texas law. Rather, to make certain information confidential, there must be expressed language stating that the information is not to be released to the public.

The bulletin adds that the TDI will continue to refer underwriting guidelines submitted as confidential to the attorney general for a ruling, and will make a good faith effort to notify the company making the filing of the referral.

AAIS Advisory notices are posted periodically to announce AAIS product developments, and to provide news items that are relevant to our program users. Advisory notices are news summaries that paraphrase documents which should be consulted directly for complete, authoritative information.

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