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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § XXIII. Insurance Law

Current as of January 01, 2024 | Updated by Findlaw Staff

A. DEFINITION. Insurance law is the practice of law dealing with the determination and regulation of issues arising in respect to various policies of insurance, including commercial general liability (CGL); casualty; directors and officers liability; excess/umbrella; extra-contractual liability; employment practices; advertising injury; life, health, and disability; professional liability; environmental impairment liability; property; personal lines; title; marine; cyber; and reinsurance. Potential issues include coverage, regulatory, oversight, public policy, the sale of policies of insurance, what qualifies as an insurance indemnity agreement, and consumer protection. The practice can include dispute resolution, transactional work, counseling and advice, and regulatory work, among other areas.

B. SUBSTANTIAL INVOLVEMENT. To demonstrate substantial involvement and special competence in Texas insurance law, Applicant must meet the following minimum requirements.

1.

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 30% of Applicant’s time practicing Texas insurance law during each year of the three years immediately preceding application.

b. Task Requirements.. Applicant must provide information as required by TBLS concerning specific tasks Applicant has performed in practicing Texas insurance law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant. Applicant must show that Applicant has engaged directly and substantially in a broad practice of Texas insurance law within the three years immediately preceding application. Applicant must show specific and substantial involvement in at least two of the areas below during each year of the three years immediately preceding application:

(1) counseling clients regarding insurance law claims;

(2) representing clients in the preparation, prosecution, and defense of insurance claims or insurance-related claims (e.g., broker licensing) in litigation, appellate, and alternative dispute resolution procedures;

(3) negotiating, preparing, and applying policies, insurance programs, risk transfer provisions of contracts, and other documents related to insurance law;

(4) counseling and representing clients regarding establishing, revising, or maintaining procedures, practices, forms, or programs to comply with insurance laws, including regulatory, administrative, and lobbying activities.

2. Applicant must have devoted a minimum of 30% of Applicant’s time practicing Texas insurance law during each year of the three-year period of certification unless Applicant meets the exception in Part I-General Requirements, Section VI, C, 1, (b).

C. REFERENCE REQUIREMENTS. Applicant must submit a minimum of five names and addresses of persons to be contacted as references to attest to Applicant’s competence in Texas insurance law. These persons must be substantially involved in Texas insurance law and be familiar with Applicant’s insurance law practice.

1. Applicant must submit names of persons with whom Applicant has had dealings involving insurance law matters within the three years immediately preceding application.

2. Applicant must submit names of persons with whom Applicant has had dealings involving insurance law matters since certification or the most recent recertification.

3. Applicant must submit 5 Texas attorneys who are substantially involved in Texas insurance law.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT I § XXIII. Insurance Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-xxiii/

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