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SF 2432

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to insurance; prohibiting insurance underwriting for motor vehicle or
homeowner's insurance on the basis of credit information; amending Minnesota
Statutes 2008, section 72A.20, subdivision 36.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 72A.20, subdivision 36, is amended to
read:


Subd. 36.

deleted text beginLimitations on thedeleted text end Use of credit informationnew text begin prohibitednew text end.

deleted text begin(a)deleted text end No insurer
or group of affiliated insurers may reject, cancel, deleted text beginordeleted text end nonrenewnew text begin, limit coverage under, or
determine the premium rate for
new text end a policy of private passenger motor vehicle insurance as
defined under section 65B.01 or a policy of homeowner's insurance as defined under
section 65A.27, for any person in whole or in part on the basis of credit information,
including a credit reporting product known as a "credit score" or "insurance scoredeleted text begin,deleted text endnew text begin.new text end"
deleted text begin without consideration and inclusion of any other applicable underwriting factor.
deleted text end

deleted text begin (b) If credit information, credit scoring, or insurance scoring is to be used in
underwriting, the insurer must disclose to the consumer that credit information will be
obtained and used as part of the insurance underwriting process.
deleted text end

deleted text begin (c) Insurance inquiries and non-consumer-initiated inquiries must not be used as part
of the credit scoring or insurance scoring process.
deleted text end

deleted text begin (d) If a credit score, insurance score, or other credit information relating to a
consumer, with respect to the types of insurance referred to in paragraph (a), is adversely
impacted or cannot be generated because of the absence of a credit history, the insurer
must exclude the use of credit as a factor in the decision to reject, cancel, or nonrenew.
deleted text end

deleted text begin (e) Insurers must upon the request of a policyholder reevaluate the policyholder's
score. Any change in premium resulting from the reevaluation must be effective upon
the renewal of the policy. An insurer is not required to reevaluate a policyholder's score
pursuant to this paragraph more than twice in any given calendar year.
deleted text end

deleted text begin (f) Insurers must upon request of the applicant or policyholder provide reasonable
underwriting exceptions based upon prior credit histories for persons whose credit
information is unduly influenced by expenses related to a catastrophic injury or illness,
temporary loss of employment, or the death of an immediate family member. The insurer
may require reasonable documentation of these events prior to granting an exception.
deleted text end

deleted text begin (g) A credit scoring or insurance scoring methodology must not be used by an
insurer if the credit scoring or insurance scoring methodology incorporates the gender,
race, nationality, or religion of an insured or applicant.
deleted text end

deleted text begin (h) Insurers that employ a credit scoring or insurance scoring system in underwriting
of coverage described in paragraph (a) must have on file with the commissioner:
deleted text end

deleted text begin (1) the insurer's credit scoring or insurance scoring methodology; and
deleted text end

deleted text begin (2) information that supports the insurer's use of a credit score or insurance score as
an underwriting criterion.
deleted text end

deleted text begin (i) Insurers described in paragraph (g) shall file the required information with the
commissioner within 120 days of August 1, 2002, or prior to implementation of a credit
scoring or insurance scoring system by the insurer, if that date is later.
deleted text end

deleted text begin (j) Information provided by, or on behalf of, an insurer to the commissioner under
this subdivision is trade secret information under section 13.37.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
policies issued, renewed, or continued as defined in section 60A.02, subdivision 2a, on or
after that date.
new text end