ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
credit reports; copies to
consumer
(NOW: insurance underwriting; credit history)
Establishes
disclosure requirements for providing consumers with information regarding the
use of credit information for insurance underwriting purposes.
Background
Most insurance companies utilize an insurance score, which is derived from a consumer's credit report and used as a single variable in a multi-variate algorithmic model to determine an applicant’s future risk and premium. Insurance carriers consider their model(s) to be proprietary and, as such, their variables (including insurance scores) are not public information nor their final scoring factor that determines where the consumers’ price falls regarding the insurance product. It is important to note that there are multiple models in the insurance industry and variables used in the models can shift rapidly, so an exact scoring formula is difficult to ascertain.
Concerns regarding the use
of the credit information to determine insurance scores and its impact on
insurance premium rates have been raised by numerous constituents, particularly
when the information has lead to an increase in insurance rates. Also, often the company provides little
information to either the consumer or the selling agent about how the
information is weighted or weighed to derive an underwriting decision. Critics argue that 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.
Advocates for the current system counter that the information is
proprietary and that, in fact, the information does offer a predictor across
classes as to the amount of risk each individual (as a member of that class)
holds. Thus, the scores are helpful in
maintaining low insurance rates for lower-risked consumers.
This measure 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.
There is no anticipated
fiscal impact associated with S.B. 1018.
1. 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.
2. Requires the insurance company:
a) Notify the consumer that the adverse underwriting decision was based in part on the use of a consumer report or absence of credit history;
b)
Disclose
the source of the consumer report and provide them with information on how to
obtain a copy of the report; and,
c)
Outline
six items that negatively affect a consumer report.
3. Requires an insurance company to reconsider its underwriting decision based on corrected personal information provided by the consumer, if requested by the consumer, and as outlined in current statute.
4. Defines “insurance score.”
5. Provides for a general effective date.
Amendments Adopted by Banking & Insurance
Committee
·
Adopted
the strike everything amendment.
Amendments Adopted by Commerce Committee
·
Adopted
the strike everything amendment.
Senate Action
COM 3/13/02 DPA/SE 5-0-1-0
BI 3/14/02 DPA/SE 5-0-1-0
3rd Read 3/27/02 30-0-0-0
Prepared by Senate Staff
April 5, 2002