Prohibition Against Declining to Write Residential Property Insurance Based on the Age or Value of the Property

(a) "Residential property insurance" means insurance against loss to real or tangible personal property at a fixed location provided in a homeowners policy or residential fire and allied lines policy.

(b) An insurer may not decline to write residential property insurance based on the age of the property sought to be insured. This provision does not prohibit an insurer from declining to write coverage based on physical conditions of the property, including wiring, heating, air conditioning, plumbing, and roofing. This provision does not prohibit the Texas Windstorm Insurance Association from requiring, in accordance with the provisions of Chapter 2210 of the Insurance Code, different building code standards to qualify for coverage based on the date that the structure was constructed, repaired, or additions were made.

(c) An insurer may not decline to write residential property insurance based on a minimum value of the property sought to be insured.

Source Note: The provisions of this §21.1006 adopted to be effective September 1, 1997, 22 TexReg 6645; amended to be effective November 7, 2021, 46 TexReg 7408.