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SF 1387

as introduced - 88th Legislature (2013 - 2014) Posted on 03/15/2013 09:36am

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to insurance; prohibiting the use of consumer credit scores or history by
1.3insurers in underwriting automobile insurance policies;amending Minnesota
1.4Statutes 2012, sections 72A.20, subdivision 36; 72A.499, subdivision 1;
1.572A.501, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 72A.20, subdivision 36, is amended to read:
1.8    Subd. 36. Limitations on the use of credit information. (a) No insurer or group of
1.9affiliated insurers may reject, cancel, or nonrenew a policy of private passenger motor
1.10vehicle insurance as defined under section 65B.01 or a policy of homeowner's insurance
1.11as defined under section 65A.27, for any person in whole or in part on the basis of credit
1.12information, including a credit reporting product known as a "credit score" or "insurance
1.13score,." without consideration and inclusion of any other applicable underwriting factor.
1.14(b) If credit information, credit scoring, or insurance scoring is to be used in
1.15underwriting, the insurer must disclose to the consumer that credit information will be
1.16obtained and used as part of the insurance underwriting process.
1.17(c) Insurance inquiries and non-consumer-initiated inquiries must not be used as part
1.18of the credit scoring or insurance scoring process.
1.19(d) If a credit score, insurance score, or other credit information relating to a
1.20consumer, with respect to the types of insurance referred to in paragraph (a), is adversely
1.21impacted or cannot be generated because of the absence of a credit history, the insurer
1.22must exclude the use of credit as a factor in the decision to reject, cancel, or nonrenew.
1.23(e) Insurers must upon the request of a policyholder reevaluate the policyholder's
1.24score. Any change in premium resulting from the reevaluation must be effective upon
2.1the renewal of the policy. An insurer is not required to reevaluate a policyholder's score
2.2pursuant to this paragraph more than twice in any given calendar year.
2.3(f) Insurers must upon request of the applicant or policyholder provide reasonable
2.4underwriting exceptions based upon prior credit histories for persons whose credit
2.5information is unduly influenced by expenses related to a catastrophic injury or illness,
2.6temporary loss of employment, or the death of an immediate family member. The insurer
2.7may require reasonable documentation of these events prior to granting an exception.
2.8(g) A credit scoring or insurance scoring methodology must not be used by an
2.9insurer if the credit scoring or insurance scoring methodology incorporates the gender,
2.10race, nationality, or religion of an insured or applicant.
2.11(h) Insurers that employ a credit scoring or insurance scoring system in underwriting
2.12of coverage described in paragraph (a) must have on file with the commissioner:
2.13(1) the insurer's credit scoring or insurance scoring methodology; and
2.14(2) information that supports the insurer's use of a credit score or insurance score as
2.15an underwriting criterion.
2.16(i) Insurers described in paragraph (h) shall file the required information with the
2.17commissioner within 120 days of August 1, 2002, or prior to implementation of a credit
2.18scoring or insurance scoring system by the insurer, if that date is later.
2.19(j) Information provided by, or on behalf of, an insurer to the commissioner under
2.20this subdivision is trade secret information under section 13.37.

2.21    Sec. 2. Minnesota Statutes 2012, section 72A.499, subdivision 1, is amended to read:
2.22    Subdivision 1. Notice and information. (a) In the event of an adverse underwriting
2.23decision, the insurer or insurance agent responsible for the decision shall provide in
2.24writing to the applicant, policyholder, or individual proposed for coverage:
2.25(1) the specific reason or reasons for the adverse underwriting decision, a summary
2.26of the person's rights under sections 72A.497 and 72A.498, and that upon request the
2.27person may receive the specific items of personal information that support those reasons
2.28and the specific sources of the information; or
2.29(2) the specific reason or reasons for the adverse underwriting decision, the specific
2.30items of personal and privileged information that support those reasons, the names and
2.31addresses of the sources that supplied the specific items of information specified, and a
2.32summary of the rights established under sections 72A.497 and 72A.498.
2.33(b) In addition to the requirements of paragraph (a), if the adverse underwriting
2.34decision is either solely or partially based upon a report of creditworthiness, credit
2.35standing, or credit capacity that an insurer receives from a consumer reporting agency,
3.1the insurer or insurance agent responsible for the decision shall provide in writing to the
3.2applicant, policyholder, or individual proposed for coverage the primary reason or reasons
3.3for the credit score or other credit based information used by the insurer in the insurer's
3.4adverse underwriting decision.

3.5    Sec. 3. Minnesota Statutes 2012, section 72A.501, subdivision 2, is amended to read:
3.6    Subd. 2. Application. (a) If the authorization is signed to collect information in
3.7connection with an application for a property and casualty insurance policy, a policy
3.8reinstatement, or a request for a change in benefits, the authorization is valid as long as
3.9the individual is continually insured with the insurer. At each renewal of the policy, the
3.10insurer must notify the insured in writing of the contents of the authorization and that the
3.11authorization remains in effect unless revoked.
3.12(b) If the authorization is signed to collect information in connection with an
3.13application for a life, disability, and health insurance policy or contract, reinstatement,
3.14or request for change in benefits, the authorization is valid as long as the individual is
3.15continually insured with the insurer. At each renewal of the policy, the insurer must
3.16notify the insured in writing of the contents of the authorization and that the authorization
3.17remains in effect unless revoked.
3.18(c) This section and section 72A.502, subdivisions 1 and 12, do not apply to the
3.19collection and use of a numeric product referred to as an insurance score or credit score
3.20that is used by a licensed insurance agent or insurer exclusively for the purpose of
3.21underwriting or rating an insurance policy, if the agent or insurer informs the policyholder
3.22or prospective policyholder requesting the insurance coverage that an insurance score or
3.23credit score will be obtained for the purpose of underwriting or rating the policy.

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