2006 Minnesota Statutes

72A.50 PREVIOUS ADVERSE UNDERWRITING DECISIONS.
    Subdivision 1. Additional information required. An insurer, insurance agent, or
insurance-support organization must not seek information in connection with an insurance
transaction concerning any previous adverse underwriting decision experienced by a person, or
any previous insurance coverage obtained by a person through a residual market mechanism,
unless the inquiry also requests the reasons for the previous adverse underwriting decision or the
reasons why insurance coverage was previously obtained through a residual market mechanism.
    Subd. 2. Prohibitions. An insurer or insurance agent may not base an adverse underwriting
decision, in whole or in part, on:
(1) the fact of a previous adverse underwriting decision or the fact that a person previously
obtained insurance coverage through a residual market mechanism, provided that an insurer or
insurance agent may base an adverse underwriting decision on further information obtained from
an insurer or insurance agent responsible for a previous adverse underwriting decision; or
(2) personal information received from an insurance-support organization whose primary
source of information is insurers, provided that an insurer or insurance agent may base an adverse
underwriting decision on further personal information obtained as the result of information
received from the insurance-support organization.
History: 1989 c 316 s 12