Senate File 2245 - Introduced



                                   SENATE FILE       
                                   BY  QUIRMBACH, COURTNEY, FRAISE,
                                       SCHOENJAHN, DEARDEN, HORN,
                                       SENG, DVORSKY, KREIMAN,
                                       RAGAN, BOLKCOM, CONNOLLY,
                                       STEWART, KIBBIE, BLACK, and
                                       WOOD


    Passed Senate, Date               Passed House, Date              
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting the use of credit information for underwriting
  2    or rating risks for personal insurance and providing penalties
  3    and an applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5958XS 81
  6 av/gg/14

PAG LIN



  1  1    Section 1.  Section 507B.4, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  15.  USE OF CREDIT INFORMATION.  Any
  1  4 violation of section 515.109A.
  1  5    Sec. 2.  Section 515.109A, subsections 1 and 2, Code
  1  6 Supplement 2005, are amended to read as follows:
  1  7    1.  DEFINITIONS.  As used in this section unless the
  1  8 context otherwise requires:
  1  9    a.  "Adverse action" means a denial of issuance,
  1 10 cancellation, or refusal to renew, an increase in any charge
  1 11 for, or a reduction or other unfavorable change in the terms
  1 12 of coverage or amount of any personal insurance existing or
  1 13 applied for, or in connection with the underwriting of
  1 14 personal insurance.
  1 15    b.  "Affiliate" means any company that controls, is
  1 16 controlled by, or is under common control with another
  1 17 company.
  1 18    c.  b.  "Applicant" means an individual who has applied to
  1 19 be covered by a personal insurance policy with an insurer.
  1 20    d.  c.  "Consumer" means an insured whose credit
  1 21 information is used or whose insurance score is calculated in
  1 22 the underwriting or rating of a personal insurance policy or
  1 23 an applicant for such a personal insurance policy.
  1 24    e.  d.  "Consumer reporting agency" means any person that,
  1 25 for monetary fees, dues, or on a cooperative nonprofit basis,
  1 26 regularly engages in whole or in part in the practice of
  1 27 assembling or evaluating consumer credit information or other
  1 28 information concerning consumers for the purpose of furnishing
  1 29 consumer credit reports to third parties.
  1 30    f.  e.  "Credit information" means any information related
  1 31 to credit that is contained in or derived from a credit
  1 32 report, or provided in an application for personal insurance.
  1 33 Information that is not related to credit shall not be
  1 34 considered "credit information" regardless of whether the
  1 35 information is contained in or derived from a credit report or
  2  1 an application for credit or is used to calculate an insurance
  2  2 score.
  2  3    g.  f.  "Credit report" means any written, oral, or other
  2  4 communication of information by a consumer reporting agency
  2  5 that relates to a consumer's creditworthiness, credit
  2  6 standing, or credit capacity and that is used or expected to
  2  7 be used or is collected, in whole or in part, for the purpose
  2  8 of serving as a factor in determining personal insurance
  2  9 premiums, eligibility for personal insurance coverage, or tier
  2 10 placement.
  2 11    h.  g.  "Insurance score" means a number or rating that is
  2 12 derived from an algorithm, computer application, model, or
  2 13 other process that is based in whole or in part on credit
  2 14 information for the purposes of predicting the future
  2 15 insurance loss exposure of a consumer.
  2 16    i.  h.  "Insured" means an individual who is covered by a
  2 17 personal insurance policy.
  2 18    j.  i.  "Personal insurance" means personal insurance and
  2 19 not commercial insurance and is limited to private passenger
  2 20 automobile, homeowners, farm owners, personal farm liability,
  2 21 motorcycle, mobile home owners, noncommercial dwelling fire,
  2 22 boat, personal watercraft, snowmobile, and recreational
  2 23 vehicle insurance policies, term life insurance policies
  2 24 issued pursuant to chapter 508, and accident and health
  2 25 insurance policies issued pursuant to chapter 514A, that are
  2 26 individually underwritten for personal, family, farm, or
  2 27 household use.  No other type of insurance is included as
  2 28 personal insurance for the purposes of this section.
  2 29    2.  USE OF CREDIT INFORMATION == PROHIBITED.  An insurer
  2 30 authorized to do business in Iowa that uses shall not use
  2 31 credit information to underwrite or rate risks for a policy of
  2 32 personal insurance shall not do including but not limited to
  2 33 doing any of the following:
  2 34    a.  Use Using an insurance score that is calculated using
  2 35 income, gender, address, zip code, ethnic group, religion,
  3  1 marital status, race, or nationality of a consumer as a
  3  2 factor.
  3  3    b.  Deny Denying issuance, cancel canceling, or refuse
  3  4 refusing to renew a policy of personal insurance solely based
  3  5 on the basis any consideration of credit information, without
  3  6 consideration of any other applicable underwriting factors
  3  7 independent of credit information that are not otherwise
  3  8 prohibited under paragraph "a".
  3  9    c.  Base Basing a consumer's renewal rates for personal
  3 10 insurance solely on the basis any consideration of credit
  3 11 information, without consideration of any other applicable
  3 12 underwriting factors independent of credit information that
  3 13 are not otherwise prohibited under paragraph "a".
  3 14    d.  Take Taking adverse action against a consumer solely
  3 15 because based on any consideration of the fact that the
  3 16 consumer does not have a credit card account, without
  3 17 consideration of any other applicable underwriting factors
  3 18 independent of credit information that are not otherwise
  3 19 prohibited under paragraph "a".
  3 20    e.  Consider Considering an absence of credit information
  3 21 or an inability to calculate an insurance score in
  3 22 underwriting or rating personal insurance unless the insurer
  3 23 does one of the following:
  3 24    (1)  Treats the consumer as if the consumer has neutral
  3 25 credit information, as defined by the insurer.
  3 26    (2)  Excludes the use of credit information as an
  3 27 underwriting factor and only uses other underwriting criteria.
  3 28    f.  Take Taking adverse action against a consumer based on
  3 29 credit information, unless the insurer obtains and uses a
  3 30 credit report issued or an insurance score calculated within
  3 31 ninety days before the date a personal insurance policy is
  3 32 first written or a renewal is issued.
  3 33    g.  Use credit information unless not later than every
  3 34 thirty=six months following the last time that the insurer
  3 35 obtained current credit information for the insured, the
  4  1 insurer recalculates the insurance score or obtains an updated
  4  2 credit report for the insured.  Regardless of the requirements
  4  3 of this paragraph:
  4  4    (1)  At annual renewal, upon the request of the consumer or
  4  5 the consumer's agent, the insurer shall re=underwrite and re=
  4  6 rate the personal insurance policy based upon a current credit
  4  7 report or insurance score.  An insurer is not required to
  4  8 recalculate an insurance score or obtain a current credit
  4  9 report more than once in a twelve=month period.
  4 10    (2)  The insurer shall have the discretion to obtain
  4 11 current credit information for a consumer more frequently than
  4 12 every thirty=six months, if consistent with the insurer's
  4 13 underwriting guidelines.
  4 14    (3)  Notwithstanding subparagraph (1), an insurer is not
  4 15 required to obtain current credit information for a consumer
  4 16 if any of the following applies:
  4 17    (a)  The insurer is treating the consumer as otherwise
  4 18 approved by the commissioner of insurance.
  4 19    (b)  The consumer is in the most favorably priced tier of
  4 20 the insurer, within a group of affiliated insurers.  However,
  4 21 the insurer shall have the discretion to obtain current credit
  4 22 information, if consistent with the insurer's underwriting
  4 23 guidelines.
  4 24    (c)  Credit information was not used for underwriting or
  4 25 rating the insured when the personal insurance policy was
  4 26 initially written.  However, the insurer shall have the
  4 27 discretion to use current credit information for underwriting
  4 28 or rating the insured upon renewal of the policy, if
  4 29 consistent with the insurer's underwriting guidelines.
  4 30    (d)  The insurer reevaluates the insured beginning no later
  4 31 than thirty=six months after the personal insurance policy was
  4 32 initially written and thereafter, based on other underwriting
  4 33 or rating factors, excluding credit information.
  4 34    h.  g.  Use Using any of the following as a negative factor
  4 35 in any insurance scoring methodology or in reviewing credit
  5  1 information used for the purpose of underwriting or rating a
  5  2 personal insurance policy:
  5  3    (1)  Credit inquiries not initiated by the consumer or
  5  4 inquiries requested by the consumer for the consumer's own
  5  5 credit information.
  5  6    (2)  Inquiries relating to insurance coverage, if so
  5  7 identified on a consumer's credit report.
  5  8    (3)  Collection accounts with a medical industry code, if
  5  9 so identified on a consumer's credit report.
  5 10    (4)  Multiple lender inquiries, if coded by a consumer
  5 11 reporting agency on the consumer's credit report as being from
  5 12 the home mortgage industry and made within thirty days of one
  5 13 another, unless only one inquiry is considered.
  5 14    (5)  Multiple lender inquiries, if coded by a consumer
  5 15 reporting agency on the consumer's credit report as being from
  5 16 the automobile lending industry and made within thirty days of
  5 17 one another, unless only one inquiry is considered.
  5 18    Sec. 3.  Section 515.109A, subsections 3 through 8, Code
  5 19 Supplement 2005, are amended by striking the subsections.
  5 20    Sec. 4.  Section 515.109A, subsection 9, Code Supplement
  5 21 2005, is amended by striking the subsection and inserting in
  5 22 lieu thereof the following:
  5 23    9.  VIOLATIONS.  A violation of this section is an unfair
  5 24 insurance practice as provided in chapter 507B.
  5 25    Sec. 5.  Section 515.109A, subsection 10, Code Supplement
  5 26 2005, is amended to read as follows:
  5 27    10.  APPLICABILITY DATE.  This section applies to personal
  5 28 insurance contracts or policies delivered, issued for
  5 29 delivery, continued, or renewed in this state on or after
  5 30 October 1, 2004 2006.
  5 31                           EXPLANATION
  5 32    This bill amends Code section 515.109A to prohibit the use
  5 33 of credit information by insurers for underwriting or rating
  5 34 risks for personal insurance.  The bill also changes the
  5 35 definition of personal insurance to include term life
  6  1 insurance policies issued under Code chapter 508, and accident
  6  2 and health insurance policies issued under Code chapter 514A.
  6  3 Currently, the use of credit information for such purposes is
  6  4 allowed under certain circumstances and regulation of the use
  6  5 of credit information does not apply to term life or accident
  6  6 and health insurance policies.
  6  7    Uses of credit information prohibited by the bill include
  6  8 using an insurance score; denying issuance, canceling, or
  6  9 refusing to renew a personal insurance policy based on any
  6 10 consideration of credit information; basing a consumer's
  6 11 insurance renewal rates on any consideration of credit
  6 12 information; taking any adverse action against a consumer
  6 13 based on any consideration of the fact that the consumer does
  6 14 not have a credit card account; considering an absence of
  6 15 credit information or an inability to calculate an insurance
  6 16 score in underwriting or rating personal insurance; and taking
  6 17 any adverse action against a consumer based on credit
  6 18 information.  For purposes of the bill, "adverse action" means
  6 19 a denial of issuance, cancellation, or refusal to renew, an
  6 20 increase in any charge for, or a reduction or other
  6 21 unfavorable change in the terms of coverage or amount of any
  6 22 personal insurance existing or applied for, or in connection
  6 23 with, the underwriting of personal insurance.
  6 24    The bill provides that a violation of Code section 515.109A
  6 25 is an unfair insurance practice as provided in Code chapter
  6 26 507B and the proceedings, orders, and penalties contained in
  6 27 Code chapter 507B are applicable to violations of the bill.
  6 28    The bill is applicable to personal insurance contracts or
  6 29 policies delivered, issued for delivery, continued, or renewed
  6 30 in this state on or after October 1, 2006.
  6 31 LSB 5958XS 81
  6 32 av:rj/gg/14