Texas Property & Casualty (TX-PC) · Chapter 5

Advanced Insurance Terms

5 practice questions from the 90 in this chapter of StudyWren Insurance. Pick an answer and check it to see the explanation.

Advanced Insurance Terms TX-PC-05-415

A large Texas-based oil and gas company employs a qualified risk manager and paid more than $100,000 in commercial property and casualty premiums last year. It wants its agent to place coverage with a surplus lines insurer without first making a diligent effort in the admitted market. Under Texas law, this company may qualify for the:

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The answer is B: Industrial insured exemption

Under Insurance Code §981.0033, an industrial insured is a commercial buyer that employs or retains a qualified risk manager and either paid more than $25,000 in nationwide commercial property and casualty premiums in the preceding 12 months or employs at least 25 full-time employees. The diligent effort requirement does not apply if the agent discloses that comparable admitted coverage may be available with more regulatory oversight, the surplus lines insurer is rated A- or better by A.M. Best, and the insured then asks in writing for the surplus lines placement (§981.004(d)). The placement still goes through a surplus lines agent.

Source: Insurance Code §981.0033 Insurance Code §981.004(d)

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Advanced Insurance Terms TX-PC-05-429

A Texas business needs commercial auto liability insurance for its fleet of dump trucks. No admitted insurer in Texas will provide the coverage. A surplus lines agent places the coverage with an eligible nonadmitted insurer. Which of the following is a requirement the agent must fulfill?

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The answer is A: Make a diligent effort in the admitted market first

Before placing coverage with a surplus lines (nonadmitted) insurer, a Texas surplus lines agent must generally make a diligent effort to obtain the full amount of coverage from admitted insurers (Insurance Code §981.004). This keeps the surplus lines market for coverage the admitted market cannot provide. Exceptions include exempt commercial purchasers and certain commercial lines, such as pollution, cyber and liquor liability. The process is regulated by the Texas Department of Insurance, not by courts or federal agencies.

Source: Insurance Code §981.004

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Advanced Insurance Terms TX-PC-05-435

A nonprofit fraternal organization provides life insurance and annuity benefits exclusively to its members, who share a common ethnic heritage. Members actively participate in the organization's charitable and social activities. Under insurance law, this entity is classified as a:

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The answer is D: Fraternal benefit society

A fraternal benefit society is a nonprofit organization that provides insurance benefits (primarily life insurance and annuities) to members who share a common bond, such as religious, ethnic, social, or occupational ties. Under Texas Insurance Code §885.051, it has a lodge system and a representative form of government, operates solely for the benefit of its members and their beneficiaries and not for profit, and has no capital stock. Fraternal benefit societies enjoy certain regulatory and tax exemptions not available to commercial insurers.

Source: Insurance Code §885.051

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Advanced Insurance Terms TX-PC-05-436

A coastal property owner in Galveston, Texas, has been declined windstorm coverage by every private insurer in the market. The property is located in a designated catastrophe area. Which entity serves as the insurer of last resort for windstorm and hail coverage in this area?

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The answer is D: Texas Windstorm Insurance Association (TWIA)

The Texas Windstorm Insurance Association (TWIA) provides windstorm and hail coverage to property owners in designated catastrophe areas along the Texas coast. TWIA serves as the insurer of last resort when private market coverage is unavailable. It covers properties in first-tier coastal counties including Galveston. TWIA does not cover flood (that is NFIP) or other property perils. The FAIR Plan, which writes residential property insurance, may not provide windstorm and hail coverage for a risk TWIA can insure (Insurance Code §2211.156).

Source: Insurance Code §2211.156

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Advanced Insurance Terms TX-PC-05-438

A homeowner in Dallas has been turned down for homeowners insurance by several private insurers because of the neighborhood's loss history. Which Texas residual market mechanism may be able to provide residential property coverage for this home?

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The answer is B: Texas FAIR Plan Association

The Texas FAIR Plan Association (Fair Access to Insurance Requirements) provides residential property insurance, such as homeowners and dwelling fire coverage, to Texans in underserved areas who cannot get coverage in the voluntary market (Insurance Code ch. 2211). Apart from property owners' association coverage that the commissioner may add (§2211.051(b)), it does not write commercial property. TWIA covers only windstorm and hail in designated coastal areas, NFIP covers only flood damage, and the Texas Automobile Insurance Plan Association places high-risk auto insurance.

Source: Insurance Code §2211.051(b)

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