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ARIZONA STATE SENATE
RESEARCH STAFF
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TODD MADEKSZA LEGISLATIVE RESEARCH ANALYST BANKING & INSURANCE COMMITTEE Telephone: (602) 542-3171 Facsimile: (602) 542-7833 |
BANKING & INSURANCE COMMITTEE
DATE: February 19, 2002
SUBJECT: Proposed Strike Everything Amendment to S.B. 1018
Purpose
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.
Provisions
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.
Prepared by Senate Staff
February 19, 2002