CHAPTER 2052. POLICY PROVISIONS AND FORMS FOR WORKERS' COMPENSATION INSURANCE
INSURANCE CODE
TITLE 10. PROPERTY AND CASUALTY INSURANCE
SUBTITLE E. WORKERS' COMPENSATION INSURANCE
CHAPTER 2052. POLICY PROVISIONS AND FORMS FOR WORKERS'
COMPENSATION INSURANCE
Sec. 2052.001. DEFINITION. In this chapter, "insurance company"
means a stock company, mutual insurance company, reciprocal or
interinsurance exchange, or Lloyd's plan authorized to engage in
the business of workers' compensation insurance in this state.
Added by Acts 2005, 79th Leg., Ch.
727, Sec. 2, eff. April 1, 2007.
Sec. 2052.002. STANDARD POLICY FORMS AND UNIFORM POLICY;
EXCEPTIONS. (a) The commissioner shall prescribe standard
policy forms and a uniform policy for workers' compensation
insurance.
(b) In writing workers' compensation insurance in this state, an
insurance company may not use a form other than one prescribed
under this section unless the form is an endorsement:
(1) appropriate to the company's plan of operation; and
(2) submitted to and approved by the department.
Added by Acts 2005, 79th Leg., Ch.
727, Sec. 2, eff. April 1, 2007.
Sec. 2052.003. AGREEMENT REQUIRED TO BE CONTAINED IN APPLICATION
AND POLICY. (a) A contract or other agreement with respect to
workers' compensation insurance coverage that is not contained in
the application and policy required by this chapter violates this
subtitle and is void.
(b) An insurance company that uses a contract or other agreement
described by Subsection (a) engages in conduct that constitutes
sufficient grounds for the revocation of the company's
certificate of authority to write workers' compensation insurance
in this state.
Added by Acts 2005, 79th Leg., Ch.
727, Sec. 2, eff. April 1, 2007.
Sec. 2052.004. POLICYHOLDER DIVIDENDS. (a) Subject to
Subsections (b) and (c), this subtitle may not be construed to
prohibit an insurance company, including the Texas Mutual
Insurance Company, from issuing participating policies.
(b) A policyholder dividend under a workers' compensation
insurance policy:
(1) does not take effect until approved by the department; and
(2) may not be approved by the department until the insurance
company provides adequate reserves.
(c) For purposes of Subsection (b), reserves must be computed on
the same basis for all classes of insurance companies operating
under this subtitle and Article 5.66.
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. 2H.005, eff. April 1, 2009.