AN
ACT Relating to using credit history for insurance purposes; adding a new
section to chapter 48.18 RCW; adding a new section to chapter 48.19 RCW; and
creating new sections.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 48.18 RCW to read as follows:
UNDERWRITING
RESTRICTIONS THAT APPLY TO PERSONAL INSURANCE. (1)
For the purposes of this section:
(a)
"Adverse action" has the same meaning as defined in the fair credit
reporting act, 15 U.S.C. Sec. 1681 et seq. Adverse actions include, but are
not limited to:
(i)
Cancellation, denial, or nonrenewal of personal insurance coverage;
(ii)
Charging a higher insurance premium for personal insurance than would have been
offered if the credit history or insurance score had been more favorable,
whether the charge is by:
(A)
Application of a rating rule;
(B)
Assignment to a rating tier that does not have the lowest available rates; or
(C)
Placement with an affiliate company that does not offer the lowest rates
available to the consumer within the affiliate group of insurance companies; or
(iii)
Any reduction, adverse, or unfavorable change in the terms of coverage or
amount of any personal insurance due to a consumer's credit history or
insurance score. A reduction, adverse, or unfavorable change in the terms of
coverage occurs when:
(A)
Coverage provided to the consumer is not as broad in scope as coverage
requested by the consumer but available to other insureds of the insurer or any
affiliate; or
(B)
The consumer is not eligible for benefits such as dividends that are available
through affiliate insurers.
(b)
"Affiliate" has the same meaning as defined in RCW 48.31B.005(1).
(c)
"Consumer" means an individual policyholder or applicant for
insurance.
(d)
"Consumer report" has the same meaning as defined in the fair credit
reporting act, 15 U.S.C. Sec. 1681 et seq.
(e)
"Credit history" means any written, oral, or other communication of
any information by a consumer reporting agency bearing on a consumer's
creditworthiness, credit standing, or credit capacity that is used or expected
to be used, or collected in whole or in part, for the purpose of serving as a
factor in determining personal insurance premiums or eligibility for coverage.
(f)
"Insurance score" means a number or rating that is derived from an
algorithm, computer application, model, or other process that is based in whole
or in part on credit history.
(g)
"Personal insurance" means:
(i)
Private passenger automobile coverage;
(ii)
Homeowner's coverage, including mobile homeowners, manufactured homeowners,
condominium owners, and renter's coverage;
(iii)
Dwelling property coverage;
(iv)
Earthquake coverage for a residence or personal property;
(v)
Personal liability and theft coverage;
(vi)
Personal inland marine coverage; and
(vii)
Mechanical breakdown coverage for personal auto or home appliances.
(h)
"Tier" means a category within a single insurer into which insureds
with substantially like insuring, risk or exposure factors, and expense
elements are placed for purposes of determining rate or premium.
(2)
An insurer that takes adverse action against a consumer based in whole or in
part on credit history or insurance score shall provide written notice to the
applicant or named insured. The notice must state the significant factors of
the credit history or insurance score that resulted in the adverse action. The
insurer shall also inform the consumer that the consumer is entitled to a free
copy of their consumer report under the fair credit reporting act.
(3)
An insurer shall not cancel or nonrenew personal insurance based in whole or in
part on a consumer's credit history or insurance score. An offer of placement
with an affiliate insurer does not constitute cancellation or nonrenewal under
this section.
(4)
An insurer may use credit history to deny personal insurance only in
combination with other substantive underwriting factors. For the purposes of
this subsection:
(a)
"Deny" means an insurer refuses to offer insurance coverage to a
consumer;
(b)
An offer of placement with an affiliate insurer does not constitute denial of
coverage; and
(c)
An insurer may reject an application when coverage is not bound or cancel an
insurance contract within the first sixty days after the effective date of the
contract.
(5)
Insurers shall not deny personal insurance coverage based on:
(a)
The absence of credit history or the inability to determine the consumer's
credit history, if the insurer has received accurate and complete information
from the consumer;
(b)
The number of credit inquiries;
(c)
Credit history or an insurance score based on collection accounts identified
with a medical industry code;
(d)
The initial purchase or finance of a vehicle or house that adds a new loan to
the consumer's existing credit history, if evident from the consumer report;
however, an insurer may consider the bill payment history of any loan, the
total number of loans, or both;
(e)
The consumer's use of a particular type of credit card, charge card, or debit
card; or
(f)
The consumer's total available line of credit; however, an insurer may consider
the total amount of outstanding debt in relation to the total available line of
credit.
(6)(a)
If disputed credit history is used to determine eligibility for coverage and a
consumer is placed with an affiliate that charges higher premiums or offers
less favorable policy terms:
(i)
The insurer shall reissue or rerate the policy retroactive to the effective
date of the current policy term; and
(ii)
The policy, as reissued or rerated, shall provide premiums and policy terms the
consumer would have been eligible for if accurate credit history had been used
to determine eligibility.
(b)
This subsection only applies if the consumer resolves the dispute under the
process set forth in the fair credit reporting act and notifies the insurer in
writing that the dispute has been resolved.
(7)
The commissioner may adopt rules to implement this section.
(8)
This section applies to all personal insurance policies issued or renewed after
January 1, 2003.
NEW
SECTION. Sec. 2. A
new section is added to chapter 48.19 RCW to read as follows:
MAKING
OF RATES‑-PERSONAL INSURANCE. (1) For the purposes of this section:
(a)
"Consumer" means an individual policyholder or applicant for insurance.
(b)
"Credit history" means any written, oral, or other communication of
any information by a consumer reporting agency bearing on a consumer's
creditworthiness, credit standing, or credit capacity that is used or expected
to be used, or collected in whole or in part, for the purpose of serving as a
factor in determining personal insurance premiums or eligibility for coverage.
(c)
"Insurance score" means a number or rating that is derived from an
algorithm, computer application, model, or other process that is based in whole
or in part on credit history.
(d)
"Personal insurance" means:
(i)
Private passenger automobile coverage;
(ii)
Homeowner's coverage, including mobile homeowners, manufactured homeowners,
condominium owners, and renter's coverage;
(iii)
Dwelling property coverage;
(iv)
Earthquake coverage for a residence or personal property;
(v)
Personal liability and theft coverage;
(vi)
Personal inland marine coverage; and
(vii)
Mechanical breakdown coverage for personal auto or home appliances.
(2)
Credit history shall not be used to determine personal insurance rates, premiums,
or eligibility for coverage unless the insurance scoring models are filed with
the commissioner. Insurance scoring models include all attributes and factors
used in the calculation of an insurance score. RCW 48.19.040(5) does not apply
to any information filed under this subsection, and the information shall be
withheld from public inspection and kept confidential by the commissioner. All
information filed under this subsection shall be considered trade secrets under
RCW 48.02.120(3). Information filed under this subsection may be made public
by the commissioner for the sole purpose of enforcement actions taken by the
commissioner.
(3)
Insurers shall not use the following types of credit history to calculate a
personal insurance score or determine personal insurance premiums or rates:
(a)
The absence of credit history or the inability to determine the consumer's
credit history, unless the insurer has filed actuarial data segmented by
demographic factors in a manner prescribed by the commissioner that
demonstrates compliance with RCW 48.19.020;
(b)
The number of credit inquiries;
(c)
Credit history or an insurance score based on collection accounts identified
with a medical industry code;
(d)
The initial purchase or finance of a vehicle or house that adds a new loan to
the consumer's existing credit history, if evident from the consumer report;
however, an insurer may consider the bill payment history of any loan, the
total number of loans, or both;
(e)
The consumer's use of a particular type of credit card, charge card, or debit
card; or
(f)
The consumer's total available line of credit; however, an insurer may consider
the total amount of outstanding debt in relation to the total available line of
credit.
(4)
If a consumer is charged higher premiums due to disputed credit history, the
insurer shall rerate the policy retroactive to the effective date of the
current policy term. As rerated, the consumer shall be charged the same
premiums they would have been charged if accurate credit history was used to
calculate an insurance score. This subsection applies only if the consumer
resolves the dispute under the process set forth in the fair credit reporting
act and notifies the insurer in writing that the dispute has been resolved.
(5)
The commissioner may adopt rules to implement this section.
(6)
This section applies to all personal insurance policies issued or renewed on or
after June 30, 2003.
NEW
SECTION. Sec. 3.
Captions used in this act are not any part of the law.
NEW
SECTION. Sec. 4. The
commissioner shall report to the legislature by January 1, 2004, on issues
related to the use of credit history in personal insurance underwriting and
rating and the implementation of this act. The report must include:
(1)
A review of how this act has been implemented and how it has impacted
consumers; and
(2)
A review and analysis of insurance scoring that is due to the legislature by
January 1, 2003, which includes, but is not limited to:
(a)
Which types of consumers, based on demographic factors, benefit from or are
harmed by the use of credit history in personal insurance rating and
underwriting;
(b)
The extent to which the use of credit history affects rates charged to the
consumer;
(c)
Whether insurance scoring results in discrimination against a protected class
of people or the poor; and
(d)
Other issues as determined by the commissioner.
