By Curtis Rock
•
June 5, 2025
Have you heard of the Texas FAIR Plan? The Texas FAIR Plan Association (TFPA) acts as an "insurer of last resort" for residential property insurance in Texas. It was established to ensure that eligible Texans who cannot obtain coverage through the traditional private insurance market still have access to essential property insurance. How to Qualify for the Texas FAIR Plan Qualifying for the Texas FAIR Plan isn't as simple as just wanting it. It's a specific process with strict requirements: Declinations from Private Insurers You must have been denied coverage by at least two insurance companies that are actively writing residential property insurance policies in Texas. This demonstrates your inability to secure coverage in the voluntary market. You'll need to provide proof of these declinations. No Other Comparable Offer You cannot have a current homeowners policy, a renewal offer, or a valid offer of comparable residential property insurance from another licensed Texas insurer. Property Eligibility Your property must meet certain underwriting standards. It cannot be condemned, vacant, or in disrepair. There are also restrictions on properties with excessive or unusual liability exposures (e.g., certain dangerous animals, unfenced pools/trampolines). Claims History Generally, you cannot have more than eight paid insurance claims (excluding glass claims) within the past three years. No Arson/Fraud Convictions You cannot have a conviction for arson, fraud, or any other insurance-related offense. Agent Application You cannot apply directly to the FAIR Plan. Applications must be submitted through a licensed property and casualty agent like Ohana Insurance Group, LLC. Benefits of the Texas FAIR Plan While it's a "last resort," the Texas FAIR Plan offers significant benefits for those who qualify: Access to Coverage The primary benefit is access to essential property insurance when it's otherwise unavailable. This provides a crucial safety net for homeowners. Basic Protection It offers coverage for perils like fire, lightning, sudden and accidental smoke damage, windstorm and hail (with exceptions in certain coastal areas), explosion, aircraft and vehicles, riot and civil commotion, and theft. Liability Coverage Homeowners, condo, and tenant policies typically include personal liability and medical payments coverage for injuries to others on your property. Various Policy Types The FAIR Plan offers different policy types, including homeowners, dwelling, condominium, and tenant (renters) insurance. Downsides of the Texas FAIR Plan It's important to be aware of the limitations and potential drawbacks of the Texas FAIR Plan: Higher Premiums Policies through the FAIR Plan are generally more expensive than what you would find in the voluntary market, reflecting the higher risk associated with the properties it insures. Limited Coverage While it provides essential coverage, it is not as comprehensive as what's typically available from private insurers. For instance, it may not cover damage from falling objects (like trees), building collapse, glass breakage, or the weight of ice/snow as part of its basic policy. Actual Cash Value for Personal Property Personal property coverage often pays out at actual cash value (replacement cost minus depreciation), unless you opt for replacement cost coverage at an additional premium on certain policy types. Coastal Area Restrictions If you live in a designated catastrophe area (e.g., certain coastal counties), windstorm, hurricane, and hail coverage may be excluded or require a separate policy through the Texas Windstorm Insurance Association (TWIA). Reapplication Requirement Policyholders are required to reapply for coverage in the voluntary market every two years, reinforcing its role as temporary coverage. Claims Processing Some policyholders have reported challenges with claims processing and communication, particularly during widespread catastrophic events. The Texas FAIR Plan serves a vital role in our state's insurance landscape. While it may not be your first choice, understanding its purpose, eligibility, and limitations is crucial for any Texas property owner facing challenges in the private insurance market. If you believe the Texas FAIR Plan might be an option for you, contact Ohana Insurance Group. We're here to guide you through the process.