Prohibition of Nonrenewal for Not-at-Fault Accidents or Claims--Personal Auto Policy

(a) None of the types of claims or accidents listed in paragraphs (1)-(4) of this subsection may be used by any insurer as the sole basis for a refusal to renew a personal auto policy:

(1) claims involving damage from a weather-related incident that do not involve a collision, such as, but not limited to, hail, flood, tornado, winds, or hurricanes;

(2) accidents or claims involving damage by contact with animals or fowls;

(3) accidents or claims involving damages caused by flying gravel, missiles, or falling objects; provided, however, that upon renewal the insurer may increase the deductible to the higher of $250 or the next higher available deductible increment in the event of three losses in any 36-month period; or

(4) towing and labor protection; however, the insurer may eliminate towing and labor protection in the event of four towing and labor claims in any 36-month period.

(b) Any other claims or accidents in which an insured cannot reasonably be considered to be at fault may not be used by any insurer as the sole basis for a refusal to renew the insured's personal auto policy, unless there are two or more such claims or accidents in any 12-month period.

(c) Beginning 60 days after the effective date of this rule, an insurer must provide a one-time written notice to the insured of the contents of this rule, in a form that has been approved by the board, upon issuance of each new policy or with the first renewal after the effective date of this rule.

(d) "Refusal to renew" as used in this rule means an insurer's refusal to renew a personal auto policy in the same insurance company which originally issued the policy.

Source Note: The provisions of this §5.7016 adopted to be effective August 26, 1992, 17 TexReg 5627.