Reviewed and approved by Samuel Corso, licensed Texas insurance agent.
Published · Updated
What is a certificate of insurance in Texas — and what does it actually prove?
If a contractor, tenant or vendor hands you a certificate of insurance, or a customer asks your business for one, it helps to know what the document is for and what it is allowed to say. This guide walks through what the Texas Department of Insurance (TDI) publishes on both points.
The short version. In Texas, TDI's Property and Casualty Certificates of Insurance page says certificates of insurance "are used to show proof that an organization or person has insurance coverage." TDI's Certificates of Insurance Frequently Asked Questions adds that a certificate cannot differ from the policy, and that a holder may ask the agent about a specific exclusion or request the policy. The FAQ excludes lender-required evidence of property insurance.
Here's what we'll cover: which document this guide covers, the parts of a certificate that TDI's FAQ names, what TDI says a certificate can and cannot say, what a certificate holder can ask for, cancellation notice, how long a certificate stays current, what TDI's storm-repair page says about picking a contractor, how to verify workers' compensation coverage, and what TDI's FAQ says about who delivers a certificate.
Which document this guide covers
People searching for "certificate of insurance" may have different documents in mind, so it helps to confirm which one someone means. This guide is about the certificate a business provides to show it carries insurance.
The commercial certificate. TDI's Property and Casualty Certificates of Insurance page carries a listing of approved certificate forms. The listing includes ACORD 25, named there as a Certificate of Liability Insurance, ACORD 23, named as a Vehicle or Equipment Certificate of Insurance, and forms filed by individual insurance companies. A general contractor may ask a subcontractor for a certificate, a landlord may ask a tenant, and a homeowner may ask a roofer.
The SR-22. If you are looking for an SR-22, our guide on SR-22 insurance in Texas covers it.
If you are looking for the insurance card you show at a traffic stop, our guide on what counts as proof of insurance in Texas covers that.
What's on a commercial certificate
Three parts of the ACORD certificate of insurance form are named in TDI's certificates FAQ: a Certificate Holder box, an Additional Insured box and a Waiver of Subrogation box. Neither TDI certificate page cited in this guide describes a certificate's full layout, so read the form in front of you. Several of the FAQ's answers are addressed to the agent filling in the form.
On the Additional Insured box, TDI's FAQ tells the agent to check it "if the policy includes an endorsement that names the certificate holder as an additional insured." The FAQ gives the matching answer for the Waiver of Subrogation box, which the agent should check if the policy includes a Waiver of Subrogation endorsement that names the certificate holder.
In both answers, the box describes an endorsement the policy already has. If you are relying on one of those boxes, the endorsement is the thing to ask about.
What TDI says a certificate can and cannot say
A certificate of insurance in Texas is limited to what the insurance policy itself says, under an FAQ that excludes evidence of property insurance required by a lender. TDI's certificates FAQ puts the limit this way: "A certificate cannot say anything that is not the same as what is stated in the insurance policy."
Certificates of insurance are required to be filed with TDI, according to the FAQ. It also says the certificate rules it describes do not apply to evidence of property insurance required by a lender in a lending transaction, such as one involving a mortgage. The FAQ works through several requests a certificate holder might make and gives TDI's answer to each. The table below paraphrases those answers.
| What the certificate holder asks for | What TDI's FAQ answers |
|---|---|
| Naming the holder as an additional insured when the policy has only a Blanket Additional Insured endorsement | No, though the certificate can state that the policy contains a Blanket Additional Insured endorsement |
| Stating a waiver of subrogation in the holder's favor when the policy has only a Blanket Waiver of Subrogation endorsement | No, though the certificate can state that the policy contains a Blanket Waiver of Subrogation endorsement |
| Referring to the insurance requirements of another contract, such as a construction contract | No |
| Including a job number or contract number | Yes, if the number is listed for identification purposes only |
| A broad statement that there are no limitations or exclusions for residential construction exposure | No. The statement would have to appear exactly that way in the policy, and the insurer would then need the addition filed with and approved by TDI |
| A supplemental questionnaire, or an affidavit about a contract's insurance requirements | No. The agent may show the relevant policy language to the certificate holder |
These answers suggest why an agent may decline to add wording that a contract asks for.
Both TDI certificate pages list PropertyCasualty@tdi.texas.gov as the contact for more information.
What a certificate holder can ask for
A certificate of insurance filed with TDI cannot say more than what is in the related policy, according to TDI's certificates FAQ. The same answer says a certificate holder "may ask the agent whether the policy contains specific language or a specific exclusion, or may request a copy of the policy." TDI's word is may, and the FAQ does not say the agent must answer or supply the policy.
If a particular risk is the reason you asked for the certificate, such as roof work or an injury to a worker at your house, you can ask the agent whether the policy excludes it. TDI's FAQ also says that the agent may show the relevant policy language to the certificate holder, which it gives as the alternative to a supplemental questionnaire or an affidavit.
The cancellation-notice question
Notice of cancellation wording on a certificate of insurance in Texas is the subject of one FAQ answer, and that answer comes with conditions. Asked whether a certificate may state that the holder will receive 30 days' notice of cancellation, nonrenewal or material change in coverage, TDI's certificates FAQ answers: "Yes, as long as the provision mirrors the requirements in the insurance policy. The certificate cannot go beyond the policy’s requirements." The FAQ then says the certificate may contain that information if the certificate holder is named within the policy or an endorsement to the policy, and the policy, the endorsement or a Texas law or rule grants the holder the right to receive the notice.
Another answer addresses a request to list a holder's officers, employees, subsidiaries, affiliates and assigns in the Certificate Holder box. TDI's answer is that a certificate holder may not use that box to imply or confer any new or additional rights beyond what the policy or any executed endorsement provides.
If notice matters to you, you can ask the agent what the policy says about it.
How long is a certificate good for?
Neither TDI certificate page cited in this guide gives a period for how long a certificate of insurance stays current. As general explanation, and not a TDI statement, a certificate may describe policies as they stood on the day it was issued, and a policy may be changed or canceled after that date.
Steps you can take:
- Ask for a recent certificate. One issued close to the start of the work may be more useful than an older one.
- Compare the dates. Check any policy expiration dates shown on the form against the dates someone will be working on site.
- Ask again at renewal. If the relationship is ongoing, such as a tenant or a regular subcontractor, you can request a new certificate when the policies renew.
What TDI's storm-repair page says about picking a contractor
TDI's contractor checks appear on its page about making repairs after a storm, which is part of TDI's windstorm guidance. The page opens with building-code rules that apply to homes in the first row of Texas counties bordering the Gulf of Mexico and in certain Harris County cities, and it covers the Windstorm Inspections Program. Under the question of how to pick a contractor, TDI's list includes:
- Verifying the contractor's name, address, telephone number and references.
- This instruction on insurance: "Check that the contractor has insurance or a bond."
- Getting at least three written bids to compare.
- Getting a copy of all written, signed agreements and warranty terms.
The page also says to watch out for contractors who only accept cash, who only have out-of-state references or lack a physical address in your area, who require money before materials are on site, who are not established, or who don't have insurance or a bond.
TDI's page does not mention certificates of insurance. A certificate is one way a contractor may show insurance, and when you read one, you can look at any liability limits and any workers' compensation policy it shows.
If the repair follows storm damage, our guides on how to file a hail or storm damage claim in Texas and how much insurance pays for roof damage cover the claim side of the same job.
What TDI says about verifying workers' compensation coverage
Workers' compensation coverage for a Texas employer can be looked up through TDI's Division of Workers' Compensation (DWC). TDI's Workers' compensation insurance coverage verification page says private employers in Texas can choose to carry workers' compensation coverage, but that it is not required in most cases, and that all Texas governmental entities must have it.
The page sets out a verification route for each category of employer:
- Employers covered by a licensed Texas insurance carrier. TDI directs you to the TXCOMP NCCI website.
- Certified self-insured private employers. TDI directs you to its Texas Certified Self-Insurers lookup.
- Governmental entities that self-insure. TDI directs you to TXCOMP's lookup for self-insured government employers.
- Employers without coverage. TDI points to a list of registered non-subscribers on the Texas Open Data Portal.
If you can't determine whether an employer has coverage, the same page says to email Coverage.Verification@tdi.texas.gov with the employer's name, the employer's physical address and the date of injury, and that a DWC representative will respond with coverage information within one business day.
These TDI lookups are for checking an employer's coverage. TDI's page describes a workers' compensation policy as providing lost wages and medical benefits to employees injured on the job.
If a worker is helping with a business you run from home, our guide on home-based business insurance in Texas covers that situation.
Getting a certificate for your own business
Who may deliver a certificate of insurance in Texas is covered in TDI's certificates FAQ, which has several answers addressed to agents. On agents, it says: "A property and casualty agent or a surplus lines agent must hold an appointment with the MGA or insurance company that issues the policy to deliver a certificate of insurance to a customer."
The form matters too. For risks located in Texas, the FAQ tells agents: "Regardless of where the certificate holder is located, you must use a certificate of insurance approved by TDI for a risk located in Texas." The FAQ gives a different answer where the risk is in another state and the certificate goes to a holder in that state. In that case it says a TDI-approved form is not needed.
Steps you can take as a business owner:
- Send your agent the requirement. If a contract specifies limits, an additional insured or a waiver of subrogation, give the agent that wording before you sign, so you can find out whether your policy contains it.
- Treat a gap as a policy question. Under TDI's FAQ, wording on a certificate cannot add to the policy. Whether an endorsement is available is a question for your agent and your insurer.
Our guides on what insurance a small business needs in Texas and commercial auto insurance in Texas cover the coverages a certificate may list.
Key facts
- TDI's Property and Casualty Certificates of Insurance page says certificates are used to show proof that an organization or person has insurance coverage.
- TDI's certificates FAQ says a certificate cannot say anything that differs from what the insurance policy states, and that certificates of insurance are required to be filed with TDI. The FAQ says its certificate rules do not apply to evidence of property insurance required by a lender in a lending transaction.
- The same TDI FAQ says a certificate may state that the holder will receive 30 days' notice of cancellation, nonrenewal or material change only as long as the provision mirrors the requirements in the insurance policy. The FAQ's conditions are that the holder is named within the policy or an endorsement, and that the policy, the endorsement or a Texas law or rule grants the right to that notice.
- According to the TDI FAQ, a certificate holder may ask the agent whether the policy contains specific language or a specific exclusion, and may also request a copy of the policy.
- The TDI FAQ says an agent must hold an appointment with the MGA or insurance company that issues the policy to deliver a certificate to a customer, and must use a TDI-approved certificate for a risk located in Texas.
- TDI's page on making repairs after a storm, part of its windstorm guidance for storm-damaged homes, lists checking that a contractor has insurance or a bond among its steps for picking a contractor.
- TDI's Workers' compensation insurance coverage verification page says workers' compensation coverage is not required for private Texas employers in most cases, and it lists lookups for verifying an employer's coverage, including the TXCOMP NCCI website for employers covered by a licensed Texas insurance carrier.
Sources: Texas Department of Insurance, Property and Casualty Certificates of Insurance, Certificates of Insurance Frequently Asked Questions, Making repairs after a storm and Workers' compensation insurance coverage verification. This page is general information, not legal advice.
Take the next step
If you are receiving a certificate of insurance, you can check the policy dates on it against your own dates, look up any workers' compensation coverage it shows, and ask the agent about the exclusion that concerns you. If you are providing one, send your agent the contract wording early. Our guide on what insurance a small business needs in Texas is a place to start if you are unsure what your own policy contains.
If a contractor is about to work on your house, it can also be a good moment to review your own home policy.
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