INSURANCE CODE


TITLE 10. PROPERTY AND CASUALTY INSURANCE


SUBTITLE G. POOLS, GROUPS, PLANS, AND SELF-INSURANCE


CHAPTER 2171. COMMERCIAL GROUP PROPERTY INSURANCE


Sec. 2171.001. DEFINITIONS. In this chapter:

(1) "Large risk" means an insured described by Section 2301.004.

(2) "Member" means an owner or person with an insurable interest in a property covered under a policy issued under Section 2171.002.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 1, eff. June 20, 2025.

Sec. 2171.002. AUTHORIZATION FOR ISSUANCE. An insurer may write commercial group property insurance for:

(1) a group of businesses that constitutes a large risk if the members of the group have clearly identifiable underwriting characteristics; or

(2) an association that constitutes a large risk if the members of the association are engaged in similar undertakings.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2171.003. POLICY FORM FILINGS. (a) An insurer shall file a policy form with the commissioner before using the form for a group of businesses or an association described by Section 2171.002 in which each member of the group or association is not a large risk.

(b) A filing made under this section is for informational purposes only.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2171.004. RATE FILINGS. An insurer shall file with the commissioner in accordance with Chapter 2251 the following information for commercial group property insurance written under this chapter in this state:

(1) rates;

(2) supplementary rating information; and

(3) pertinent supporting information.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2171.005. IDENTIFICATION OF INSURED REQUIRED. An insurer filing a policy form under Section 2171.003 or rates and related information under Section 2171.004 shall clearly identify the group of businesses or the association to be insured.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Sec. 2171.006. DISCLOSURES REQUIRED. (a) During an application for an insurance policy issued under Section 2171.002, an insurer must provide to each applicant a written disclosure of whether the policy has a shared aggregate limit and, if applicable, the amount of the limit.

(b) Not later than the 30th day after the date an insurer issues, delivers, or renews an insurance policy under Section 2171.002, the insurer must deliver the following documents to each member covered by the policy:

(1) a copy of the certificate of insurance; and

(2) a copy of the policy.

Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 2, eff. June 20, 2025.

Sec. 2171.007. INCIDENTAL CASUALTY AND LIABILITY COVERAGE. An insurance policy issued under Section 2171.002 may contain casualty and liability coverage that is incidental to the property risk covered under the policy.

Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 2, eff. June 20, 2025.

Sec. 2171.008. APPLICABILITY TO SURPLUS LINES. (a) Eligible surplus lines insurers are subject to this chapter, other than Sections 2171.003, 2171.004, and 2171.005.

(b) A surplus lines agent is required to make a diligent effort, as described by Section 981.004(a)(1), only with respect to a group policy issued under Section 2171.002 and only on an annual basis, rather than individually for each group member added during the policy period.

(c) Notwithstanding Section 981.213, a surplus lines agent is required to report to and file with the Surplus Lines Stamping Office of Texas only the group policy issued under Section 2171.002, rather than each certificate or evidence of insurance issued to the group members.

Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 2, eff. June 20, 2025.

Sec. 2171.009. RULES. The commissioner may adopt rules to implement and administer this chapter.

Added by Acts 2025, 89th Leg., R.S., Ch. 692 (H.B. 3388), Sec. 2, eff. June 20, 2025.