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Relating
to the availability of certain property and casualty insurance forms on the
Internet.
SB 494 amends Section 1812.002 of the Insurance Code
pertaining to the accessibility of insurance forms on an insurer’s website.
Specifically, it will allow the office of public insurance counsel (OPIC) to
post an insurer’s specimen policy on OPIC’s website. The bill’s author intends
for this to increase insurer transparency by allowing consumers to compare the
policy language of different plans.
Currently Section 1812.002 makes it an option for insurers
to post specimen policies on their respective websites. However, a low number of insurers actually made their
policy forms available on the internet, which is why the author intends for
this bill to increase the availability of the forms on OPIC’s website. The
legislation clarifies that it does not create a duty for insurer’s to comply
with chapter 1812 regarding the availability of specimen policies.
5/23/2015 update:
No changes have been made to this legislation in the House committee. The House chamber sponsor is Rep. Muñoz, Jr.
First chamber recommendation:
Even though an insurer’s specimen forms are public information the current iteration of Chapter 1812 of the Insurance Code does not force an insurer to post it on their website; it only makes it an option. However, SB 494 usurps an insurer’s ability to make this decision by allowing OPIC to post an insurer’s policies on OPIC’s website. Additionally, OPIC does not need approval from the insurer to do this.
These specimen policies may have proprietary information and it should
be the insurer’s decision whether to make them available on their website or
OPIC’s website. Since SB 494 takes away an insurer’s ability to determine how
it makes its policies available, it violates our principles for private property
rights, free markets, and individual liberty.