Texas Insurance Code 981.215 – Surplus Lines Agent Records
(a) A surplus lines agent shall maintain a complete record of each surplus lines contract obtained by the agent, including any of the following, if applicable:
(1) a copy of the daily report;
(2) the amount of the insurance and risks insured against;
(3) a brief general description of the property insured and the location of that property;
(4) the gross premium charged;
(5) the return premium paid;
(6) the rate of premium charged on the different items of property;
(7) the contract terms, including the effective date;
(8) the insured’s name and post office address;
(9) the insurer’s name and home office address;
(10) the amount collected from the insured;
(11) an agreement under § 225.006(c);
(12) evidence establishing that:
(A) the insured qualified as an exempt commercial purchaser and that the surplus lines agent complied with the requirements of § 981.004(c) if a diligent effort to obtain insurance in the admitted market was not made pursuant to § 981.004(a)(1); or
(B) the insured qualified as an industrial insured and that the surplus lines agent complied with the requirements of § 981.004(d) if a diligent effort to obtain insurance in the admitted market was not made pursuant to § 981.004(a)(1); and
(13) any other information required by the department.
(b) The surplus lines agent shall keep the record required by this section open for examination by the department without notice at any time until the third anniversary of the date the surplus lines contract expires or is canceled.
Terms Used In Texas Insurance Code 981.215
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
