Sec. 962.052. ISSUANCE OF CERTIFICATE OF AUTHORITY  


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  • (a) The commissioner shall issue a certificate of authority to a domestic or foreign insurer that applies for a certificate if:

    (1) the applicant has:

    (A) complied with the requirements of this chapter and all other requirements imposed on the applicant by law; and

    (B) paid any deposit imposed by law; and

    (2) the operational history of the applicant indicates a condition such that the expanded operation of the applicant in this state or the applicant's operations outside this state will not create a condition that might be hazardous to the applicant's policyholders or creditors or to the public, when that operational history is reviewed in conjunction with:

    (A) the applicant's loss experience;

    (B) the kinds and nature of risks insured;

    (C) the financial condition of the applicant and the applicant's ownership;

    (D) the applicant's proposed method of operation;

    (E) the applicant's affiliations;

    (F) the applicant's investments;

    (G) any contracts leading to contingent liability or agreements relating to guaranty and surety, other than insurance; and

    (H) the ratio of the applicant's total annual premium and net investment income to commission expenses, general insurance expenses, policy benefits paid, and required policy reserve increases.

    (b) The commissioner shall file in the department's offices any documents delivered to the commissioner under this section.

    (c) The certificate of authority authorizes the insurer to engage in the kind or kinds of business in this state specified in the certificate.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 16, eff. April 1, 2007.