Sec. 2003.105. PRESUMPTION OF INSURABILITY. (a) The existence of an inspection certificate issued under this subchapter creates a presumption that the condition of the property inspected is adequate for the issuance of residential property insurance.
(b) If an inspection certificate is used in whole or in part to determine insurability, an insurer may require as a condition of issuing a residential property insurance policy that the applicant for that insurance provide a written statement that there has not been a material or substantial change to the property condition since the date of the inspection certificate.
(c) An insurer who receives an inspection certificate may not use the condition of the property as grounds to refuse to issue or renew residential property insurance unless the insurer:
(1) reinspects the property; and
(2) specifies the areas of deficiency in the insurer's declination letter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance
Chapter 2003 - Procedures for Evaluating Fire Loss Risk
Subchapter C. Voluntary Inspection Program
Section 2003.102. Right to Voluntary Inspection of Property Condition
Section 2003.103. Plan of Operation
Section 2003.104. Eligible Inspectors