House of Representatives

HB 2386

insurance underwriting; credit history

Sponsors: Representative McClure, Avelar, Carpenter

 

X

Committee on Financial Institutions & Insurance

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

HB 2386 establishes protocol for providing consumers with information regarding the use of credit information for insurance underwriting purposes. 

 

A strike-everything amendment on the same subject will be offered in the Committee on Financial Institutions and Insurance.

 

History

Many insurance companies will derive information contained in a consumer's credit report, such as bill payments, number of accounts, length of credit history, and consumer debt, and use a model system to apply an insurance score to the applicant. This score is then used to determine what an applicant’s premium will be and is considered by insurers to be an accurate means to determine future risk. Insurance carriers deem this scoring model proprietary information as it contains their internal pricing index, so an insurance score is not public information.  It is important to note that scores and models vary per company and can change from month to month, so an exact scoring formula is difficult to ascertain. 

 

Concerns regarding the use of the credit information and its impact on insurance premium rates have been raised, particularly when information contained in the consumer report is inaccurate.  In addition, there is little information provided to the consumer about how their information is weighted to derive an underwriting decision (i.e., number of revolving accounts and balances). Improved consumer awareness regarding the use of credit history as a tool for underwriting could enable the consumer to take necessary steps to improve an insurance score and possibly modify a premium rate.  HB 2386 establishes protocol for insurance companies to provide consumers with information regarding the use of credit information for insurance underwriting purposes.    The legislation also requires insurance companies to reconsider underwriting decisions if a consumer provides them with corrected credit information.

 

Provisions

·          Establishes that assigning an applicant or policyholder to a higher rating tier or failing to apply a premium discount based on a consumer report, insurance score or absence of credit history is an adverse underwriting decision.

·          Defines insurance score.

·          Requires an insurance company to reconsider its underwriting decision based on corrected information provided by the consumer.

·          Stipulates that the insurance institution shall notify the consumer that the adverse underwriting decision was based in part on the use of a consumer report or absence of credit history.

·          States that the insurance institution shall disclose the source of the consumer report and provide them with information on how to obtain a copy of the report. 

·          Outlines items relative to an individual's credit history that affect a consumer report.

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·          45th Legislature                 

·          Second Regular Session      2          February 11, 2002

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