The commissioner must file the submitted documents, decide whether to approve or deny a certificate-of-authority application, issue a certificate to qualifying foreign or alien insurance companies, review the company’s operational history against listed factors, and hold a denial hearing if the applicant asks for one.
Sec. 982.113. ISSUANCE OF CERTIFICATE OF AUTHORITY TO LIFE, HEALTH, OR ACCIDENT INSURANCE COMPANY. (a) The commissioner shall file in the commissioner's office the documents delivered to the department under this subchapter and shall approve or deny an application for a certificate of authority. (b) The commissioner shall issue to a foreign or alien life insurance company, accident insurance company, life and accident insurance company, health and accident insurance company, or life, health, and accident insurance company a certificate of authority to engage in this state in the kind of business specified in the documents if: (1) the company has complied with the requirements of this chapter and any other requirement imposed on the company by law; and (2) the company's operational history demonstrates that the expanded operation of the company in this state or its operations outside this state will not create a condition that might be hazardous to the company's policyholders or creditors or to the public. (c) The operational history of a life insurance company, accident insurance company, life and accident insurance company, health and accident insurance company, or life, health, and accident insurance company under Subsection (b)(2) must be reviewed in conjunction with: (1) the company's loss experience; (2) the kinds and nature of risks insured by the company; (3) the company's financial condition and its ownership; (4) the company's proposed method of operation; (5) the company's affiliations; (6) the company's investments; (7) the company's contracts, if any, leading to contingent liability or agreements in respect to guaranty and surety, other than insurance; and (8) the ratio of total annual premium and net investment income to commission expenses, general insurance expenses, policy benefits paid, and required policy reserve increases. (d) On the applicant's request, the commissioner shall hold a hearing on a denial. Not later than the 30th day after the date of the applicant's request for a hearing, the commissioner shall request a hearing date. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1022 (H.B. 4291), Sec. 18, eff. June 19, 2009.