Sec. 2151.154. ASSIGNMENT DISTRIBUTION PLAN


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  • (a) The plan of operation must include a voluntary, competitive limited assignment distribution plan that allows an authorized insurer to contract directly with a servicing carrier to accept assignments to the servicing carrier by the association.

    (b) A servicing carrier must be authorized to write automobile insurance in this state and must:

    (1) have written automobile liability insurance in this state for at least five years; or

    (2) be currently engaged as a servicing carrier for assigned risk automobile business in at least one other state.

    (c) After notice and hearing, the commissioner may prohibit an insurer from acting as a servicing carrier.

    (d) An authorized insurer and a servicing carrier shall determine through negotiation the terms of a contract described by this section, including the buy-out fee.

    (e) The governing committee may:

    (1) adopt reasonable rules for the conduct of business under a contract described by this section; and

    (2) establish reasonable standards of eligibility for servicing carriers.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 2, eff. April 1, 2007. Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 , Sec. 3B.058, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 921 , Sec. 9.058, eff. September 1, 2007.