3.2

Insurance

The insurance the certificate stands on

A registered firm’s insurance is not a document it files to get a certificate. It is a condition of continuing to hold one, and Insurance Code § 6002.153 is unusually explicit about what the policy has to be. The department may not issue a registration certificate unless the applicant files evidence of a general liability policy that includes products and completed operations coverage — that second phrase matters, because completed operations is what answers a claim arising after the work is finished and the crew has left — and the policy must be conditioned to pay, on the insured’s behalf, the amounts the insured becomes legally obligated to pay as damages for bodily injury and property damage caused by an occurrence involving the insured, or the insured’s officer, agent, or employee, in the conduct of any business requiring a registration certificate or license under the chapter. Every clause there is doing work. A policy that covers the premises but not completed operations does not answer this section.

The limits are set in the statute and are not the firm’s to choose. Unless the commissioner increases or decreases them by rule, coverage must be at least $100,000 combined single limits for bodily injury and property damage for each occurrence, and $300,000 aggregate for all occurrences in each policy year. A combined single limit is one figure covering injury and property damage together for a single occurrence, rather than a separate ceiling for each. The evidence must take a particular form as well: a certificate of insurance executed by an insurer authorized to engage in the business of insurance in Texas and countersigned by an insurance agent licensed in Texas. Surplus lines coverage may be filed instead where it is procured through a surplus lines agent licensed under the relevant subchapter and resident in Texas. And a firm licensed to install or service burglar alarms under Occupations Code Chapter 1702 may satisfy this section with that chapter’s insurance, but only if the coverage matches this section in amounts and types.

Two provisions turn the filing into an ongoing obligation. Insurance Code § 6002.153 says an insurance certificate filed with the department remains in force until the insurer has terminated future liability by the notice the department requires — so the firm’s coverage of record ends on the insurer’s notice, not on the policy’s renewal date or the firm’s own understanding of it. And 28 TAC § 34.613 requires each registered firm to maintain a certificate of insurance in force AND ON FILE in the State Fire Marshal’s Office, identifying the insured and the exact nature of the business insured. Failing to maintain the required liability insurance is grounds for denial, suspension, or revocation of a registration certificate after notice and an opportunity for hearing. This is one of the few places in the chapter where the consequence is written beside the requirement.

Key terms

General liability insuranceProducts and completed operationsCombined single limitCertificate of insuranceSurplus lines