28 Tex. Admin. Code § 4.206
Filing Procedures for Substantially Similar Consumer Notices
Effective Jan 24, 202449 TexReg 250Source Note: The provisions of this §4.206 adopted to be effective December 27, 2007, 32 TexReg 9690; transferred effective September 1, 2023, as published in the July 28, 2023, issue of the Texas Register, 48 TexReg 4127; amended to be effective January 24, 2024, 49 TexReg 250.Texas Secretary of State
(a) An insurer may not use, issue, or deliver a notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) until it has been approved.
- (1) An insurer subject to Insurance Code Chapter 1114, concerning Replacement of Certain Life Insurance Policies and Annuities, using agents must either use the text of the notice contained in Figure: 28 TAC §4.204(b), which is not subject to filing and approval, or a consumer notice substantially similar to the text contained in Figure: 28 TAC §4.204(b), which has been filed under this section and approved.
- (2) In the case of an applicant responding to a direct response solicitation, an insurer subject to Insurance Code Chapter 1114 must either use the text contained in Figure: 28 TAC §4.205(1), which is not subject to filing and approval, or a consumer notice substantially similar to the text contained in Figure: 28 TAC §4.205(1), which has been filed under this section and approved.
- (b) A filing of a consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) must be filed in accordance with the submission requirements of Chapter 3, Subchapter A of this title (relating to Submission Requirements for Filings and Departmental Actions Related to Such Filings).
- (c) Insurers subject to Chapter 1114 who elect not to use a consumer notice specified in this subchapter must file a notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) no later than 60 days before use. A consumer notice that is substantially similar to a promulgated consumer notice specified in Figure: 28 TAC §4.204(b) or Figure: 28 TAC §4.205(1) is subject to Insurance Code §1701.054, concerning Approval of Form. Insurers that have filed and received approval of a consumer notice may continue to use the approved consumer notice unless and until such time as the commissioner withdraws approval of the notice.
Source Note:The provisions of this §4.206 adopted to be effective December 27, 2007, 32 TexReg 9690; transferred effective September 1, 2023, as published in the July 28, 2023, issue of the Texas Register, 48 TexReg 4127; amended to be effective January 24, 2024, 49 TexReg 250.