Skip to content
Texas Trucking CoverageContact an expert
Highway sign for El Paso and the state line in the West Texas desert

Our insurer sent a non-renewal notice. What happens to our trucks and our authority?

Updated . Sources for every claim are listed at the end.

The short version

  • In Texas, an admitted insurer that will not renew a commercial auto policy must mail or deliver written notice at least 60 days before expiration, with the reason; if the notice is late, coverage continues until the 61st day after it was sent.
  • When coverage ends, the insurer also files cancellation of your FMCSA filing and your TxDMV Form E, and your authority and registration depend on a replacement being on file.
  • Federal operating authority stays in effect only while the required insurance is on file, and TxDMV can suspend or revoke registration for failing to maintain insurance.
  • Treat the notice date as the start of a replacement project: loss runs, a full submission, and a new filing that posts before the old one drops.
Contact an expert

Non-renewal is not cancellation

A non-renewal means the insurer will not offer another term when your policy expires. A cancellation ends the policy before its expiration date. Texas treats them differently.

For admitted insurers writing commercial auto liability, Texas law limits mid-term cancellation. An insurer "may not cancel" a renewal or continuation policy, and may not cancel a new policy after its 60th day, except for reasons that include fraud, nonpayment of premium, an increase in hazard within the insured's control that would raise the rate, or loss of reinsurance (Tex. Ins. Code §551.052). Non-renewal at expiration is allowed with proper notice.

These rules apply to "insurers" admitted to do business in Texas (§551.051). If your trucking policy is written by a surplus lines insurer, read the policy's own cancellation and non-renewal conditions. See also what happens if truck insurance cancels.

Texas notice rules for non-renewal

Under §551.054, the insurer may refuse to renew "if the insurer delivers or mails written notice of the nonrenewal to the first-named insured" at the address on the policy. The notice must go out "not later than the 60th day before the date on which the policy expires." If it goes out later, "the coverage remains in effect until the 61st day after the date on which the notice is delivered or mailed," with premium for the extra period computed pro rata on the prior year's rate.

The notice must also state the reason (§551.055), and Texas requires the written statement to "fully explain" the decision, including "the precise incident, circumstance, or risk factors" and "the source of information on which the insurer relied" (§551.002).

That reason is valuable. It tells you exactly what the next underwriter will ask about.

Non-renewal and cancellation rules for admitted commercial auto insurers in Texas
SituationRuleSource
Non-renewal at expirationWritten notice at least 60 days before expirationTex. Ins. Code §551.054(b)
Non-renewal notice sent lateCoverage continues to the 61st day after noticeTex. Ins. Code §551.054(b)
Reason for non-renewalMust be stated and fully explainedTex. Ins. Code §§551.055, 551.002
Cancellation of a renewal policyOnly for listed reasons (fraud, nonpayment, increased hazard, loss of reinsurance)Tex. Ins. Code §551.052
Coverage reduced at renewal (not non-renewed)Written notice of material change at least 30 days before renewalTex. Ins. Code §551.056
Federal filing cancellationEffective 30 days after FMCSA receives notice, unless replaced49 CFR 387.313T
TxDMV filing cancellationNot effective until 30 days after insurer notifies TxDMV, unless replaced43 TAC 218.16(f)

What happens to your filings, authority and registration

Your trucking insurance is tied to government filings, so a non-renewal is also a compliance deadline.

Federal

Federal registration "remains in effect only as long as the registrant continues to satisfy the security requirements" (49 U.S.C. 13906). To end its filing, the insurer sends a cancellation notice to FMCSA, and coverage cannot be cancelled "until 30 days after written notice has been submitted" on the prescribed form. A replacement filing accepted by FMCSA ends the retiring insurer's liability on its effective date (49 CFR 387.313T). The policy itself must also follow the 35-day written notice rule in 49 CFR 387.7.

Texas

For TxDMV, the insurer files Form K to cancel liability coverage. TxDMV sends carriers an electronic notice 30 days before an insurer cancellation if a current email is on file, and lapses "can lead to administrative penalties, administrative sanctions, or revocation" of your certificate (TxDMV). The statute lets TxDMV suspend, revoke or deny registration for failing to maintain insurance (Tex. Transp. Code §643.252).

Brokers and shippers

Onboarding platforms monitor insurance status. When a filing cancels, expect brokers to stop tendering loads until a new certificate and filing show up. See the filings guide.

Which filing goes where

Trucking insurance filings and where each one goesThe insurer files BMC-91X or BMC-91 with FMCSA as proof of liability for interstate authority, and BMC-35 to cancel it, effective 30 days after FMCSA receives it. The carrier or a process agent service files the BOC-3 with FMCSA. The insurer files Form E with TxDMV for Texas intrastate registration, and Form K to cancel it. The MCS-90 endorsement is not a filing; it is attached to the policy.Who filesFormWhere it goesInsurerfiles itBMC-91X or BMC-91proof of liabilityFMCSAneeded for interstate authorityInsurerfiles itBMC-35notice of cancellationFMCSAeffective 30 days after receiptCarrieror a process agent serviceBOC-3designates process agentsFMCSAan agent in every stateInsurerfiles itForm Eproof of liabilityTxDMVTexas intrastate registrationInsurerfiles itForm Kliability cancellationTxDMVcancels the proof on fileInsurerattaches itMCS-90 endorsementguarantee to the publicYour policynot a filing; part of the policy
Forms named in 49 CFR 387.313 (BMC-91, BMC-91X, BMC-35) and 49 CFR part 366 (BOC-3). Under 387.313, federal filings cannot be cancelled until 30 days after FMCSA receives the BMC-35. TxDMV states that only the insurance company can file proof of insurance (Form E) or its cancellation (Form K), and that the carrier is still responsible for keeping its insurance record active.

Common reasons, and what the next underwriter will want

The reason in the notice drives the replacement strategy:

  • Losses. Expect questions about each claim, what caused it, and what you changed. Have a short written explanation ready.
  • Drivers. A driver with violations, or a driver who no longer meets the insurer's guidelines. Be ready to show updated hiring standards and MVRs.
  • Safety data. Out-of-service rates, crash history, or a safety rating. See what a DOT safety rating is.
  • Operations changed. New commodity, new states, longer radius, or a move into an operation the insurer does not write, such as hazmat or oilfield hauling.
  • The insurer left the class or the state. Not about you, but it still requires a replacement.

Get loss runs immediately. Under Tex. Ins. Code §542.103, the insurer has 30 days to respond to a written request, and you will need them for every new submission.

What to do this week

  1. Write down three dates: the notice date, the policy expiration date, and the date 60 days before expiration. If the notice was late, note the extended date under §551.054.
  2. Request loss runs in writing from the current insurer and any prior insurers.
  3. Read the stated reason, and prepare a written response describing what has changed.
  4. Build a complete submission: applications, unit list with VINs and values, driver list with MVRs, commodities, radius, and the loss runs.
  5. Plan the filing handoff. The new insurer's BMC-91X and Form E must be accepted before the old filings drop, so your authority and TxDMV registration never show a gap.
  6. Update your brokers and shippers with a new certificate the day the new policy binds.

Start a review as soon as the notice arrives; 60 days goes fast when markets want loss runs first.

Do not let the filing gap be the problem

Even if you bind new coverage on time, a filing that posts late can make your authority or TxDMV registration look inactive to brokers and enforcement. Confirm the new filings show on FMCSA and TxDMV records.

Common questions

How much notice does my insurer have to give before non-renewing my truck policy in Texas?

For admitted insurers writing commercial auto liability, written notice must be mailed or delivered at least 60 days before expiration (Tex. Ins. Code §551.054). If notice is late, coverage stays in effect until the 61st day after the notice was sent.

Do these Texas notice rules apply to every trucking policy?

They apply to insurers admitted to do business in Texas (Tex. Ins. Code §551.051). Policies written by surplus lines insurers follow their own policy conditions, so read the cancellation and non-renewal section of your policy.

Will my MC authority be revoked if my insurance is not renewed?

Federal registration stays in effect only while the required insurance is on file (49 U.S.C. 13906). If the insurer cancels its filing and no replacement is filed, your authority is at risk. Get the replacement filing in before the cancellation takes effect.

Can I find out exactly why I was non-renewed?

Yes. Texas requires the insurer to state the reason and fully explain it, including the incident or risk factors and the source of the information (Tex. Ins. Code §§551.002 and 551.055).

Sources

  1. Tex. Ins. Code ch. 551, Cancellation and Nonrenewal. Admitted insurer definitions, cancellation limits, 60-day non-renewal notice, reasons, material changes.
  2. 49 U.S.C. 13906, Security of motor carriers, brokers, and freight forwarders. Federal registration remains in effect only while security is on file.
  3. 49 CFR 387.313T, Forms and procedures (BMC-91X, cancellation notice). Federal filing cancellation notice and replacement filings.
  4. 49 CFR 387.7, Financial responsibility required. 35-day written notice rule for required policies.
  5. TxDMV: TxDMV number (intrastate motor carrier) requirements. Form K cancellation, 30-day electronic notice, consequences of lapse.
  6. Tex. Transp. Code ch. 643, Motor Carrier Registration. TxDMV sanctions for failing to maintain insurance (§643.252).
  7. Tex. Ins. Code ch. 542, subch. C, Requests for Claims Information. 30-day deadline to provide requested claims information.

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

Keep reading

Find the gaps before a broker or a claim does.

A specialist replies within one business day. Prefer to call? 972-532-1861

  1. 1Tell us about your companyCompany, contact and revenue range. Add what you need if you like.
  2. 2A specialist reaches outA licensed agent who works with Texas trucking companies calls or emails within one business day.
  3. 3You get a clear planWhat your current program covers, what your contracts need, and what to fix first.

Contact an expert

A trucking insurance specialist replies within one business day. No obligation, and your information is never sold or shared.

Contact an expertCall