The Texas Department of Insurance (TDI) published four bulletins providing guidance to insurers and policyholders following the landfall of Hurricane Beryl in Texas. The hurricane left over 2.2 million homes without power and caused an untold amount of damage to homes, businesses, and vehicles. 

Acting Governor Dan Patrick issued a disaster declaration following the impact of Hurricane Beryl. Tex. Gov't Code § 418.017 states the governor may use all available resources of the state and local governments to cope with a disaster. Insurers are expected to work with policyholders and allow certain graces as they deal with the aftermath of the hurricane. 

Bulletin B-0007-24 states that insurers should suspend policy vacancy provisions as long as necessary. Vacancy provisions restrict coverage in properties that have been vacant for a certain number of days. The suspension would not apply to policyholders who permanently moved from their home or business. 

Insurers should also allow a grace period for premium payments for policyholders who may need more time to pay while dealing with the aftermath of the hurricane. TDI aims to avoid lapses in coverage.

Bulletin B-0008-24 reminds insurers that they can use emergency and nonresident adjusters to handle disaster-related claims. Public adjusters must still be licensed by TDI; violating the license requirement can constitute both a civil and criminal penalties. Details on adjuster licensing can be found here

There are provisions in Texas law that prevent conflicts of interest in the adjusting process. Two of these include that a licensed adjuster cannot adjust roofing losses for an insurer if the adjuster is a roofing contractor or selling roofing services or products, and that a roofing contractor cannot advertise to adjust claims for any property the contractor is providing roofing services to.

Public adjusters are reminded of state laws on advertising and solicitation. These include that the solicitation of clients is prohibited during a disaster. 

The bulletin also reminds insurers, adjusters, and contractors that they may not misrepresent the terms of a policy; an insurer must not participate in unfair claim settlement practices; and it is illegal for contractors or roofers to waive a deductible or promise a rebate for all or part of a deductible.

Bulletin B-0009-24 provides for underwriting, rating, and nonrenewal rules. TDI states that if commercial auto policyholders are aiding with the relief effort following the hurricane they should not be penalized. Insurers should not reclassify, rerate, cancel, or nonrenew coverage solely because of that involvement. Victims and evacuees should also have the same grace given. Insurers should not rerate, cancel, nonrenew, or refuse to provide coverage solely because a policyholder is a victim or evacuee of the hurricane. 

Insurers should also allow exceptions to their rates, rating classifications, and underwriting rules if a consumer's credit score is affected by certain items. These include if their credit information was harmed by a catastrophic illness or injury; the death of a spouse, child, or parent; temporary loss of employment; divorce; or identity theft. 

Insurers nonrenewing a residential, farm, or ranch owners policy due to three or more claims in any three-year period should not take into consideration losses from natural causes, claims filed but not paid, or any claims history for remediated water damage.

Insurers also should not nonrenew a policy solely due to a customer inquiry, including things like a question about how to file a claim and whether a policy will cover a loss. An inquiry concerning damage that occurred that results in an investigation or claim would be an allowable reason.

If an insurer intends to restrict writing new personal auto and residential property business due to a catastrophic natural event, they must file a restriction plan with TDI and get approval. Insurers seeking to reduce business must also file a withdrawal plan with TDI and get approval. 

Bulletin B-0010-24 addresses the expectations of insurers to provide information to their policyholders. Insurers that deny coverage for wind losses should ask policyholders to check if they have separate coverage from the TWIA or another windstorm insurer. Likewise, insurers responding to flood loss questions and claims should provide information about potential help from FEMA. 

The bulletin also informs insurers that a salvage or nonrepairable vehicle that was damaged exclusively by flood should include a "flood damage" notation on the title.

The bulletin can be found here.

July 13, 2024 update:

Bulletin B-0012-24 is on the application of deductibles after two storms occurred in quick succession. Insurers are asked to make decisions on the application of deductibles on a case-by-case basis and do so in a way that is fair to policyholders. 

TDI offers as an example: if an insurer hasn't adjusted the first claim or a claim where repairs have not been made yet, the insurer can waive applying a second deductible. 

July 18, 2024 update:

Bulletin B-0014-24 addresses claims handling. Claims are expected to be evaluated and resolved in a timely manner. However, since there are a large number of claims due to the hurricane, an Order has been issued that gives insurers an extra 15 days to process claims in select counties. Insurers are encouraged to use emergency adjusters to meet the extension.

TDI has the ability to do this if it is determined that a weather-related event constitutes a catastrophe or major natural disaster. The affected counties: Anderson, Angelina, Aransas, Austin, Bowie, Brazoria, Brazos, Burleson, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee, Colorado, Dewitt, Fayette, Fort Bend, Freestone, Galveston, Goliad, Gregg, Grimes, Hardin, Harris, Harrison, Hidalgo, Houston, Jackson, Jasper, Jefferson, Kenedy, Kleberg, Lavaca, Lee, Leon, Liberty, Madison, Marion, Matagorda, Milam, Montgomery, Morris, Nacogdoches, Newton, Nueces, Orange, Panola, Polk, Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Trinity, Tyler, Upshur, Victoria, Walker, Waller, Washington, Webb, Wharton, and Willacy.