Sec. 4102.105. FINANCIAL RESPONSIBILITY. (a) As a continuing condition of licensure, a public insurance adjuster must file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the commissioner by rule. The financial responsibility must include the ability to pay sums the public insurance adjuster is obligated to pay under any judgment against the public insurance adjuster by an insured, based on an error, omission, fraud, negligent act, or unfair practice of the public insurance adjuster or any person for whose acts the public insurance adjuster is legally liable in the transaction of the public insurance adjuster's business under this code.
(b) In determining the amount of the financial responsibility requirement, the commissioner shall consider the nature of the obligation, other financial security requirements under this code, and financial security requirements adopted for public insurance adjusters in other states. In determining the types of financial responsibility required, the commissioner may consider a surety bond or a professional liability policy or similar policy or contract of professional liability coverage acceptable to the commissioner.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Structure Texas Statutes
Title 13 - Regulation of Professionals
Chapter 4102 - Public Insurance Adjusters
Subchapter C. Powers and Duties
Section 4102.101. General Authority
Section 4102.102. Compliance With Insurance Contract
Section 4102.103. Contract for Services Required
Section 4102.105. Financial Responsibility
Section 4102.106. Place of Business
Section 4102.107. Agent for Service of Process
Section 4102.108. Posting of License
Section 4102.109. Continuing Education
Section 4102.110. Record Maintenance
Section 4102.111. Fiduciary Capacity
Section 4102.112. Relocation to Another State