Senate Bill sb0204

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    Florida Senate - 2003                                   SB 204

    By Senator Miller





    18-242-03

  1                      A bill to be entitled

  2         An act relating to the use of credit reports by

  3         insurers; creating s. 626.9741, F.S.;

  4         specifying that the act's purpose is to

  5         regulate and limit the use of credit reports by

  6         insurers for underwriting and rating purposes;

  7         specifying the types of insurance to which the

  8         section applies; defining terms; requiring

  9         insurers to notify applicants and insureds of

10         the use of credit reports and to provide a copy

11         of the credit report; prohibiting insurers from

12         making adverse underwriting decisions based on

13         certain credit information or under certain

14         circumstances; authorizing the Financial

15         Services Commission to adopt rules; requiring

16         the Office of Insurance Regulation to approve

17         an insurer's methodology for using credit

18         reports and to conduct a study of the use of

19         credit reports for underwriting and rating

20         purposes; providing for application; providing

21         an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 626.9741, Florida Statutes, is

26  created to read:

27         626.9741  Use of credit reports by insurers.--

28         (1)  The purpose of this section is to regulate and

29  limit the use of credit reports by insurers for underwriting

30  and rating purposes. This section applies only to personal

31  lines motor vehicle insurance and homeowner's insurance.

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    Florida Senate - 2003                                   SB 204
    18-242-03




 1         (2)  As used in this section, the term:

 2         (a)  "Adverse underwriting decision" means a decision

 3  to deny or nonrenew a policy of insurance, to issue a policy

 4  with exclusions or restrictions, or to increase the rates or

 5  premium charged for the policy of insurance.

 6         (b)  "Credit report" means any written, oral, or other

 7  communication of any information by a consumer reporting

 8  agency, as defined in the Federal Fair Credit Reporting Act,

 9  15 U.S.C. ss.1681, et seq., bearing on a consumer's credit

10  worthiness, credit standing, or credit capacity, which is used

11  or expected to be used or collected as a factor to establish a

12  person's eligibility for credit or insurance or any other

13  purpose authorized pursuant to the applicable provision of the

14  Federal Fair Credit Reporting Act.

15         (3)  An insurer must notify the applicant or insured,

16  in writing, prior to requesting a credit report, that a credit

17  report is being requested and may be used for underwriting or

18  rating purposes. An insurer that makes an adverse underwriting

19  decision based upon a credit report must provide, or designate

20  a third party to provide, a copy of the credit report to the

21  applicant or insured and must identify the specific items in

22  the credit report which resulted in the adverse underwriting

23  decision.

24         (4)(a)  An insurer may not make an adverse underwriting

25  decision solely because of credit information contained in a

26  credit report.

27         (b)  An insurer may not make an adverse underwriting

28  decision based on:

29         1.  The absence of, or an insufficient, credit history;

30         2.  The number of credit reports or credit inquiries

31  requested or made regarding the applicant or insured;

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    Florida Senate - 2003                                   SB 204
    18-242-03




 1         3.  Credit problems resulting from medical bills; or

 2         4.  Any other special circumstance that the Financial

 3  Services Commission determines, by rule, does not pose an

 4  increased insurance risk.

 5         (c)  An insurer may not request a credit report based

 6  upon the race, color, creed, marital status, gender, or

 7  national origin of the applicant or insured.

 8         (5)  An insurer may not use a credit report as an

 9  underwriting or rating factor unless the insurer provides the

10  Office of Insurance Regulation sufficient information for the

11  office to determine that the methodology used by the insurer

12  reasonably predicts the insurance risk posed by the applicant

13  or insured and that the weight given to the credit information

14  is reasonable compared to other factors affecting insurance

15  risk. Any premium increase imposed by an insurer based on

16  credit information contained in a credit report must be

17  consistent with the rates filed with and approved by the

18  Office of Insurance Regulation pursuant to the applicable

19  insurance rating laws and rules.

20         (6)  An insurer may not refuse to renew a policy or

21  impose a premium increase due to credit information contained

22  in a credit report until the insured has had an opportunity to

23  correct any errors in the credit report, as provided in this

24  subsection. The insurer must notify the insured that he or she

25  may correct or question the accuracy of the information on

26  which the nonrenewal or premium increase is based within 10

27  days after receiving a copy of the credit report required to

28  be provided by subsection (3). If, within such period, the

29  insured notifies the insurer or a third party designated by

30  the insurer, in writing, that the insured questions the

31  accuracy of the credit information on which the nonrenewal or

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    Florida Senate - 2003                                   SB 204
    18-242-03




 1  premium increase was based, the nonrenewal or premium increase

 2  may not take effect until 30 days after the accuracy of the

 3  credit information has been verified and communicated to the

 4  insured. An insured must cooperate in any such investigation.

 5  The insurer may nonrenew the policy or impose the premium

 6  increase if the insured fails to respond to relevant questions

 7  regarding the investigation within 15 days after written

 8  notice to the insured.

 9         (7)  The Financial Services Commission may adopt rules

10  to administer this section.

11         Section 2.  The Office of Insurance Regulation shall

12  conduct a study of the use of credit information as an

13  underwriting and rating factor. The study shall evaluate and

14  determine the increased risk of insurance loss posed by an

15  individual's credit worthiness, credit standing, or credit

16  capacity, and the appropriate weight that should be given to

17  such factors in determining insurability in conjunction with

18  other risk factors.

19         Section 3.  This act shall take effect January 1, 2004,

20  and applies to policies issued or renewed on or after that

21  date.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Requires that an insurer notify an applicant or insured
      of the use of a credit report to establish the person's
26    eligibility for credit or insurance. Prohibits the use of
      specified credit information to make an adverse
27    underwriting decision. Requires that an insured be given
      an opportunity to correct or question any errors in a
28    credit report. Requires that the Office of Insurance
      Regulation approve an insurer's methodology for using
29    credit reports. Authorizes the Financial Services
      Commission to adopt rules. (See bill for details.)
30  

31  

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