CREDIT SCORING CONSIDERED IN 21 STATES

As of Feb. 12, a total of 21 states had introduced bills that would ban or restrict the use of credit-based insurance scoring according to the National Association of Independent Insurers. State legislatures considering various types of bills related to credit scoring and insurance include those of Alaska, Arizona, California, Georgia, Idaho, Illinois, Kentucky, Maryland, Minnesota, Missouri, Oklahoma, Rhode Island, South Carolina, Tennessee and Vermont. In Colorado, two bills, HB1188 (requiring the disclosure of credit information and credit score as calculated by a credit reporting agency and prohibiting the release of credit information without the release from the consumer) and HB 1149 (requiring disclosure of credit information by a creditor utilizing a credit reporting agency to a consumer when adverse action is expected to be taken against the consumer based on the report) were both killed in early February. In Virginia, SB 272, which prohibited an insurer or agent from setting rates for motor vehicle and homeowners’ insurance based upon credit scoring died in committee. In South Dakota HB 1117, allowing the director of insurance to promulgate rules and regulations prohibiting the use of credit reports in underwriting, was tabled in committee. However, in Indiana two bills passed in their respective chambers recently; SB409 prohibits credit scoring in underwriting if it violates anti-discrimination provisions of the Unfair and Deceptive Act and Practice, and HB1164 restricts the use of credit scores in underwriting and makes any violation an unfair or deceptive practice. HB 110, prohibiting auto insurers from using credit reports when making underwriting decisions regarding an insured or potential insured, passed the Utah House on Feb. 4. And in Washington, HB 2544, limiting the ability of a carrier to adjust a personal insurance premium based on an individual’s credit report and credit history, and SB 6524, which states carriers are to utilize an insured’s most favorable credit history when calculating rates, were approved in their respective chambers in early February.