Topic: Texas Developments

Texas Supreme Court Reverses Stop Loss Insurance Categorization Premium Tax Ruling

On June 17, 2022, the Texas Supreme Court released an opinion in Hegar v. Health Care Serv. Corp. (No. 21-0080) (Jun 17, 2022) regarding whether the Comptroller properly taxed an insurer based on premiums it received from sales of stop-loss insurance policies under Texas Insurance Code Chapters 222 and 257.

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New Texas Reinsurance Rules for Reciprocal Insurers Take Effect

The Texas Department of Insurance (“TDI”) adopted new administrative rules for reciprocal reinsurers that took effect on January 1, 2022. According to TDI, the goal of the new reinsurance regulations is to “ensure TDI retains its authority to regulate credit for reinsurance matters associated with covered agreements, align TDI’s rules with the current approach to regulate reserve financing arrangements for certain life insurance policies, and align TDI’s rules with updates to the National Association of Insurance Commissioners’ (NAIC) accreditation requirements.”

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Texas Governor Adopts Executive Order Exempting Insurance Industry Business Travel from Quarantine Restrictions

Texas Governor Gregg Abbott on March 31, 2020, issued Executive Order GA 14 renewing social distancing guidelines in Texas.  Of particular significance to the insurance industry, the Governor’s Order adopted U.S. Department of Homeland Security guidance establishing insurance services as “essential services” and classifying members of the insurance industry as federally identified “essential critical infrastructure workers” under the broader heading of “Financial Services.”

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Locke Lord QuickStudy: Texas Supreme Court Answers Certified Question Regarding an Insurer’s Duty to Defend

In Richards v. State Farm Lloyds, — S.W.3d —, 2020 WL 1313782 (Tex. Mar. 20, 2020), the Texas Supreme Court answered a certified question from the Fifth Circuit Court of Appeals about the scope of an insurer’s duty to defend its insured against third-party claims. In determining whether an insurer has a duty to defend, Texas generally uses the “eight corners rule,” under which an insurer’s duty to defend is determined by comparing the claims alleged within the four corners of the petition with the coverage provided within the four corners of the policy.

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