Minnesota Legislature
HF 895
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/11/2011 03:08pm
Current Version - 1st Engrossment
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A bill for an act
relating to commerce; modifying certain insurance notices and authorizations to
collect information; regulating certain insurance appraisers; amending Minnesota
Statutes 2010, sections 60C.21, subdivision 1; 65A.12, subdivision 2; 72A.491,
by adding a subdivision; 72A.501, subdivision 1, by adding a subdivision;
72A.502, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 60C.21, subdivision 1, is amended to read:
Subdivision 1.
Notice required.
No person, including an insurer, agent, or affiliate
of an insurer or agent shall sell, or offer for sale, a covered property and casualty insurance
policy, unless the notice, in the form specified in subdivision 2, is deleted text begin delivereddeleted text end new text begin given or
obtainednew text end with or as a part of the application for that policy. deleted text begin A copy of the notice must
be given to the applicant. If the application is not taken from the applicant in person, the
notice must be sent to the applicant within 72 hours after the application is taken. The
person offering the policy or contract shall document the fact that the notice was given at
the time of application or was sent within the specified time and shall include a copy of
the notice with the policy or contract when delivered to the applicant.deleted text end This section does
not apply to renewals, unless the renewal increases the dollar amount of a coverage by
more than 100 percent.new text begin The notice must be given or obtained in writing or in the same
medium as the application for insurance.
new text end
Sec. 2.
Minnesota Statutes 2010, section 65A.12, subdivision 2, is amended to read:
Subd. 2.
Appraiser.
No person shall be a qualified appraiser who is not deleted text begin a resident of
the state,deleted text end disinteresteddeleted text begin ,deleted text end and willing to act.
Sec. 3.
Minnesota Statutes 2010, section 72A.491, is amended by adding a subdivision
to read:
new text begin Subd. 20a. new text end
new text begin Signed. new text end
new text begin
"Signed" means a written signature or an electronic signature as
defined in section 325L.02, paragraph (h).
new text end
Sec. 4.
Minnesota Statutes 2010, section 72A.501, subdivision 1, is amended to read:
Subdivision 1.
Requirement; content.
An authorization used by an insurer,
insurance-support organization, or insurance agent to disclose or collect personal or
privileged information deleted text begin must be in writing and must meet the following requirementsdeleted text end new text begin is
valid if itnew text end :
(1) is deleted text begin writtendeleted text end in plain language;
(2) is dated;
(3) specifies the types of persons authorized to disclose information about the person;
(4) specifies the nature of the information authorized to be disclosed;
(5) names the insurer or insurance agent and identifies by generic reference
representatives of the insurer to whom the person is authorizing information to be
disclosed;
(6) specifies the purposes for which the information is collected; and
(7) specifies the length of time the authorization remains valid.
If the insurer, insurance-support organization, or insurance agent determines to disclose or
collect a kind of information not specified in a previous authorization, a new authorization
specifying that kind of information must be obtained.
Sec. 5.
Minnesota Statutes 2010, section 72A.501, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Verbal authorization in lieu of signed authorization. new text end
new text begin
For purposes of
this section, verbal authorization may be given in lieu of a signed authorization, provided
that an electronic record of the verbal authorization is retained in compliance with section
325L.12.
new text end
Sec. 6.
Minnesota Statutes 2010, section 72A.502, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
An insurer, insurance agent, or insurance-support
organization must not disclose any personal or privileged information about a person
collected or received in connection with an insurance transaction without the deleted text begin writtendeleted text end
authorization of that person except as authorized by this section. An insurer, insurance
agent, or insurance-support organization must not collect personal information about a
policyholder or an applicant not relating to a claim from sources other than public records
without deleted text begin a writtendeleted text end new text begin annew text end authorization from the person.new text begin The authorization to collect personal
information must be in writing or in the same medium as the application for insurance.
new text end