Sec. 1806.058. PARTICIPATING POLICIES. (a) This subchapter, Subtitle C, and Subchapter A, Chapter 5, may not be construed to prohibit:
(1) a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan from operating under this subchapter, Subchapter A, Chapter 5, and Subtitle C; or
(2) a stock company, mutual insurance company, reciprocal or interinsurance exchange, or Lloyd's plan from issuing participating policies.
(b) An insurer must obtain commissioner approval before distributing a policyholder dividend if the dividend amount exceeds 10 percent of surplus. The commissioner may not approve a distribution of profits or dividends until the insurer has adequate reserves. The reserves must be computed on the same basis for all classes of insurers operating under this subchapter, Subtitle C, and Subchapter A, Chapter 5.
(c) The insurer must notify the commissioner in writing of each distribution if the insurer's policyholder dividend amount is not greater than 10 percent of surplus.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 463 (S.B. 1006), Sec. 4, eff. June 14, 2013.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle A - General Provisions
Chapter 1806 - Prohibited Practices and Rebates Related to Policies
Subchapter B. Provisions Applicable to Automobile Insurance
Section 1806.051. Applicability of Subchapter
Section 1806.052. Construction of Subchapter
Section 1806.053. Discriminations or Distinctions
Section 1806.054. Other Prohibited Inducements
Section 1806.055. Profit Sharing Authorized; Certain Prohibitions
Section 1806.056. Profit Sharing Based on Combat Duty Authorized
Section 1806.057. Profit Sharing With Members of Certain Associations Authorized