(1) (a) Insurers using new or updated credit information in insurance underwriting or rating shall notify applicants or policyholders that their credit information will be used for underwriting or rating.
When an insurer uses a producer for such disclosure, the insurer shall provide theproducer with the form of such notice and use a reasonable means to verify that such notice is given. The disclosure notice form shall be developed by the insurer.
Upon request by an applicant or policyholder, an insurer or producer shall provide anexplanation of the significant characteristics of the credit information that impact the policyholder's insurance score. This information may be included in the disclosure notice form.
(2) If the use of credit information results in an adverse action to a consumer, the insurer shall comply with the notice requirements of the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq. Such notice shall include, but is not limited to:
The identity, telephone number, and address of any consumer reporting agency fromwhom a credit report was obtained;
Notice of the consumer's right to receive a free credit report from the consumer reporting agency for a period of sixty days if such report resulted in an adverse action; and
Notice of the consumer's right to lodge a dispute with the consumer reporting agencyand have any erroneous information corrected in accordance with the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq.
(3) For the purposes of this section, "adverse action" means a denial, cancellation, or nonrenewal of, an increase in any charge for, a placement into a higher tier, or a reduction or unfavorable change in the terms of coverage or amount of insurance in connection with underwriting of existing insurance or an application for insurance.
Source: L. 2003: Entire section added, p. 839, § 1, effective July 1, 2004.