(a) For cases which are not of credible size, or have no experience, no approved deviation may be made in the presumptive premium rates under these deviation procedures; except that nothing herein may be construed as preventing any insurer from filing an automatic deviation pursuant to Insurance Code §1153.105.
(b) For purposes of this section: if the coverage for a single creditor which qualifies as a case has been in force with the insurer for less than the experience period:
  (1) the claim experience of the creditor while covered by any prior insurer must be included to the extent necessary in determining the appropriate case ratios; and
  (2) the experience considered in the determination of multiple state case rates must be Texas experience for the case unless the insurer makes the one-time election to use only nationwide experience. The election to use only nationwide experience must be accompanied by a certification that the insurer uses the same nationwide basis in determining the case ratios in each state in which the case has experience. A grouping of states may be used subject to the same requirements of consistency and certification.
(c) Schedule of new case rates. When submitting a Request for Deviated Rate pursuant to §3.5602 of this title (relating to Request for an Approved Deviated Premium Rate) the insurer must also file a schedule of new case rates as determined by this section.
(d) Approved deviation request form. As required by §3.5602 of this title, any request for approved deviated rates must be submitted to the commissioner through the Filings Intake Division in the manner prescribed on the form provided by the department for that purpose. The form can be obtained from the Texas Department of Insurance, Life and Health Division, Filings Intake, MC-LH-LHL, P.O. Box 12030, Austin, Texas 78711-2030. The form can also be obtained from the department's internet website at www.tdi.texas.gov/forms.

Source Note: The provisions of this §3.5610 adopted to be effective October 1, 1980, 5 TexReg 2772; amended to be effective June 30, 1992, 17 TexReg 4345; amended to be effective June 18, 2003, 28 TexReg 4558; amended to be effective June 7, 2005, 30 TexReg 3210; amended to be effective May 11, 2022, 47 TexReg 2758