Texas Windstorm Insurance Association

Final Results of Last Sunset Review

Oversight

• Specify the Texas Windstorm Insurance Association (TWIA) is subject to Sunset review, but not abolishment, again in 2031.

Efficiency and Customer Service

• Require TWIA to accept installment premium payments and payments via credit card and give TWIA explicit authority to recoup credit card processing fees through a surcharge on customers who use this payment option.
• Require TWIA to automatically offer policy renewal unless new information is necessary.
• Direct TWIA to directly bill customers for premiums for automatic renewal by January 1, 2020.  (Management action – nonstatutory)
• After TWIA has implemented recommendations to streamline the policy renewal and payment process, direct TWIA to submit to the commissioner of insurance separate insurance agent commission rates for new applications and automatic renewals.  (Management action – nonstatutory)

Claims Handling

• Authorize TWIA to issue supplemental payments.
• Require TWIA to assess the replacement cost of a property only at the time TWIA issues or renews the policy.
• Direct TWIA to track and report more comprehensive information regarding claims handling performance.  (Management action – nonstatutory)
• Direct TWIA to develop a post-hurricane communication plan with more input from stakeholders.  (Management action – nonstatutory)
• Direct TWIA to fully implement a risk-based approach to monitoring insurance adjusters.  (Management action – nonstatutory)

Public Input and Transparency

• Require TWIA to make its rate adequacy analysis publicly available on its website for at least 14 days before the date the board of directors votes on the submission of a proposed rate filing.  The rate analysis must include TWIA’s hurricane model output data with the same content and in the same format it provides to hurricane modelers and the Texas Department of Insurance.  The data must be in a searchable format that allows for comparison to other years or output from other models. 
• Require TWIA to accept public comment on any rate proposal at a board meeting before voting on that matter.
• Direct TWIA to make the assumptions used and results of anticipated loss modeling available on its website and in the board materials before consideration of any rate changes or purchases of reinsurance.  (Management action – nonstatutory)

Windstorm Certificates of Compliance

• Transfer the issuance of windstorm certificates of compliance for completed projects from TWIA to the Texas Department of Insurance.
• Maintain the ability to obtain a windstorm certificate of compliance based on design alone, but require affirmation by a licensed professional engineer that the building was designed in accordance with windstorm building codes and constructed in accordance with the design.
• Clarify a licensed professional engineer cannot be held liable for the construction of or improvement to a building they certified as meeting windstorm code, and authorize the Texas Department of Insurance to submit complaints about an engineer to the Texas Board of Professional Engineers only for issues relating to the practice of engineering.

Depopulation

• Make the Assumption Reinsurance Depopulation Program more efficient by removing deadlines for insurance companies and insurance agents that fall during hurricane season, allowing flexibility in program commencement dates, and limiting the opt-out period to less than 60 days for policyholders.

Governance

• Require TWIA board members and members of TWIA’s Underwriting and Actuarial Subcommittee to publicly disclose specific conflicts of interest.
• Apply the standard across-the-board requirements related to public membership and board member training.
• Require the board member training to relate only to laws specific to the TWIA board.
• Authorize TWIA to formally propose rules to the Texas Department of Insurance.
• Eliminate the duplicative Bimonthly Report Card reporting requirement and continue TWIA’s two other required reports.