HBA-ATS C.S.H.B. 2500 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2500
By: Moreno, Joe
Insurance
4/29/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Until recently, a Texas Department of Insurance regulation prohibited the
practice of blacklisting (rejecting or limiting insurance coverage based
solely on whether an applicant for insurance has had prior motor vehicle
insurance coverage canceled by an insurer) a prospective motor vehicle
insurance customer.  Because the regulation was overturned, motor vehicle
insurers are again permitted to blacklist potential customers.  C.S.H.B.
2500 prohibits a motor vehicle insurer from using an underwriting guideline
that rejects or limits insurance coverage based solely on whether an
applicant for insurance has had prior motor vehicle insurance coverage
declined, nonrenewed, or canceled by an insurer.  An insurer who disregards
this prohibition commits an unfair practice in the business of insurance. 
  
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 21, Insurance Code, by adding
Article 21.21-13, as follows: 

ARTICLE 21.21-13. PROHIBITION ON USE IN MOTOR VEHICLE INSURANCE OF
UNDERWRITING GUIDELINES BASED ON DECLINATION, NONRENEWAL, OR CANCELLATION
OF CERTAIN PREVIOUS COVERAGE 

Sec. 1.  DEFINITIONS.  Defines "insurer" and "underwriting guideline."

Sec. 2.  APPLICATION.  Sets forth that this article applies to a personal
automobile insurance policy.  

Sec. 3.  PROHIBITION; EXEMPTION.  Prohibits an insurer from using an
underwriting guideline that rejects or limits insurance coverage based
solely on whether an applicant for insurance has had  prior motor vehicle
insurance coverage declines, nonrenewed, or canceled by an insurer.  

Sec. 4.  PENALTY.  Provides that an insurer who violates this article
commits an unfair practice in violation of Article 21.21 (Unfair
Competition and Unfair Practices) and is subject to the penalties imposed
under that article. 

SECTION 2.  Makes application of this Act prospective for an insurance
policy delivered, issued for delivery, or renewed on or after January 1,
2000. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.


 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2500 differs from the original bill in SECTION 1 by changing the
title of proposed Article 21.21-13, Insurance Code, to "Prohibition on Use
in Motor Vehicle Insurance of Underwriting Guidelines Based on Declination,
Nonrenewal, or Cancellation of Certain Previous Coverage" from "Prohibition
on Use in Motor Vehicle Insurance of Underwriting Guidelines Based on
Cancellation of Certain Previous Coverage." 

In Section 1 of proposed Article 21.21-13, Insurance Code, the substitute
differs from the original by redefining "underwriting guideline" to expand
its meaning.  Under the substitute, "underwriting guideline" means a rule,
standard, marketing decision, or practice, whether written, oral, or
electronic, that is used by an insurer or its agent to: examine, bind,
accept, reject, renew, nonrenew, cancel or limit insurance coverage made
available to groups of consumers of insurance; classify risks for insurance
coverage; or charge different rates for the same insurance coverage.  Under
the original, "underwriting guideline" means a rule, standard, marketing
decision, or practice that is used by an insurer or its agent to examine,
bind, accept, reject, cancel or limit insurance coverage to groups of
consumers of insurance. 

In Section 3 of proposed Article 21.21-13, Insurance Code, the substitute
differs from the original by including declination and nonrenewal, in
addition to cancellation, of prior motor vehicle insurance coverage as
actions which a motor vehicle insurer is prohibited from using as the basis
of an underwriting guideline to reject or limit insurance coverage.