One way that homeowner and auto insurance companies
evaluate you as a potential customer is to check your credit score when
you apply for a new policy. Credit scores are one factor they use in
deciding whether or not to sell you a policy and in setting your rate.
Insurers say that credit scores are good predictors of whether someone
will file a claim; they say folks with low scores tend to file more
claims.
The use of credit scoring is a contentious issue.
Consumer groups say that the use of scores discriminates by race and
income. Insurers say that credit scores are blind to these factors.
Most states have taken steps to restrict insurers' use of credit
information, or at least attempt to be aware of how insurers use them
by requiring filings of the scoring models.
Home and auto insurance companies also make ample use of "insurance risk scores," which
are similar to credit scores but weigh credit factors differently.
The
National Council of Insurance Legislators (NCOIL) created a "model act"
concerning credit information in personal insurance and many states
have adopted the act as law. NCOIL's model says, in part: "Insurers may
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. Insurers may not base rates solely on
credit score or consider absence of a credit history. Insurers must
recalculate a consumer's credit score after three years. Insurers must
file scoring models with state departments of insurance."
| State laws on insurer use of consumer credit information |
| Alabama |
|
Make procedures used to obtain credit reports and insurance scores
available to commissioner. If use credit scoring, file the scoring
model with the commissioner. May not calculate score based on lack of
credit history. May not use credit score as sole reason to deny
coverage or refuse to renew. |
| Alaska |
If
using credit information in underwriting or rating, disclose that fact
at the time the application is taken. Must consider in combination with
other factors. May not consider absence of credit history. File credit
scoring model with commissioner.
Use departments’ consumer brochures to inform the public about credit scoring. |
| Arizona |
| Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
Must provide specific reasons for adverse decision based on credit history or credit score.
Must
get credit information promptly; cannot cancel or decline coverage more
than 30 days after date of application based on credit report.
A consumer reporting agency shall not sell data that includes information about an insurance score.
In
the event of an adverse underwriting decision, provide the specific
reasons. If based on credit-related information, must decide factors
that were primary cause. May not use the following credit-related
factors for property or casualty premiums: absence of credit history,
credit history based on collection of medical bills, total available
credit, etc. |
| Arkansas |
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department.
Form for report on number of policies with increase/decrease in premium due to credit scoring. |
| California |
Form for report on number of policies with increase/decrease in premium due to credit scoring.
Users of credit reports who deny insurance or increase the prices
charged on the basis of information contained in the reports must
disclose the information that was the basis for the adverse decision. |
| Colorado |
Consumer
reporting agency may furnish credit report where the insurer intends to
use it for underwriting. Must notify consumers that it will be using
credit report for determination of eligibility for coverage or to
determine premiums.
May not include
income, gender, race, religion, marital status, ZIP code, nationality,
etc. as factors. May not base rates solely on credit score or consider
absence of a credit history. Must recalculate credit score after three
years. File scoring models with department.
Must notify consumers that new or updated credit information will be used in insurance underwriting or rating.
Home insurance: An insurer is required to provide notice to an
applicant if the insurer uses credit scoring, claims history of the
property, or clams history of the applicant in determining whether to
insure the applicant’s property. |
| Connecticut |
| File
measurement tools with the department. May only be used for new
business. May not consider lack of credit history. Demonstrate
coordination with expected risk of loss. Disclosure to customer. |
| Delaware |
May
not use credit report or score unless the company has obtained
authority to do so in its rate filing. File supporting information
showing it is actuarially supported and is not the sole basis for
denying coverage or assigning the consumer to a premium class. May not
assign a higher rate because the consumer has no credit history.
May consider insufficient credit history or no available credit history
in setting a premium or rate, or underwriting an insurance policy, to
the extent such us is actuarially justified and consistent with the
rate filing.
Models filed with the commissioner shall be considered as confidential proprietary information. |
| District of Columbia |
| No provision |
| Florida |
| An
insurer shall notify an insurance applicant in writing, or in the same
medium as the application, that a credit report will or may be
requested as part of the application process. If the application is
denied, the insurer must tell the applicant in the notice of the denial
how a copy of the credit report can be obtained so the applicant can
identify the items that resulted in the denial. May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department. |
| Georgia |
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department.
Insurer may cancel, nonrenew or decline a policy based on an
individual’s credit report. Insurer shall file this information
quarterly with the commissioner. Insurer shall provide notice and the
specific reason for the decision to the insured.
Auto
insurance: An insurer shall not use underwriting criteria or guidelines
that result in the fictitious grouping of risks and results in unfair
discrimination. The use of credit reports in determining an applicant’s
or insured’s acceptability for coverage may create fictitious grouping
and unfair discrimination. |
| Hawaii |
| Auto insurance: Insurer shall not base standard or rating plan upon a person’s credit bureau rating. |
| Idaho |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
May not charge a higher rate or cancel coverage based primarily on a credit rating or credit history.
Aggregate
weight given to noncredit factors must be at least as great as the
aggregate weight given to credit factors. Items identified as trade
secrets are not subject to public disclosure. Insurers must retain
documentation for five years. |
| Illinois |
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department. A certification
that the treatment is actuarially justified is required.
Shall
review and consider an exception to the risk score based on
extraordinary life events, such as a catastrophic illness, divorce,
death of a spouse, child or parent, involuntary loss of employment for
three months or more, or identity theft. |
| Indiana |
Submit
to insurance department information on how credit information is
utilized in underwriting, including the factors from a credit report
that are included in a credit score, the computer model used to
determine a credit score, any underwriting guidelines related to the
use of credit scores and documentation to demonstrate the correlation
between credit information and expected risk of loss.
May not use credit scores unless the information is filed with the department.
May not include income, gender, race, religion, marital status, ZIP
code, nationality, etc. as factors. May not base rates solely on credit
score or consider absence of a credit history. Must recalculate credit
score after three years. File scoring models with department. |
| Iowa |
| May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department. |
| Kansas |
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department.
Answer questions about above legislation.
Document factors considered in addition to credit score. Maintain
evidence to support adverse action. Provide an explanation to an
insured adversely affected. |
| Kentucky |
| Auto
insurance: May not refuse to issue or renew a policy solely because of
credit history, or lack of credit history of the applicant. |
| Louisiana |
Auto
liability insurance: Prohibits an insurer from terminating, refusing to
renew or refusing to issue insurance because the insured has declared
bankruptcy.
Auto and home
insurance: May not include income, gender, race, religion, marital
status, ZIP code, nationality, etc. as factors. May not base rates
solely on credit score or consider absence of a credit history. Must
recalculate credit score after three years. File scoring models with
department.
Right of an insured to be exempt from the use of adverse credit
information directly or indirectly caused by Hurricane Katrina and/or
Hurricane Rita. All insurers writing personal lines are advised and
directed to ignore all unfavorable entries entered into an individual’s
credit record beginning with entries posted on Aug. 26, 2005, and all
entries posted thereafter related to Hurricane Katrina and/or Hurricane
Rita. |
| Maine |
| Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
Insurer must notify policyholder of reason intend to nonrenew, such as “credit report.”
May
not use an insurance score calculated using income, gender, ZIP code,
religion, etc. or raise rates based solely on credit score. Provide
notice to consumer.
Disclose procedures to consumers to correct inaccurate credit reports. |
| Maryland |
| May not refuse to underwrite based solely on credit history.
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
Insurers
that use credit reports or credit scores must provide the commissioner
with underlying information so the commissioner can ensure that reports
are used in accordance with the law. Must notify consumers of actual
reason for an adverse action.
May
not use credit history to rate or refuse to underwrite homeowners
coverage. May not use credit history to refuse to renew an auto policy
or increase its premium. May use credit history to rate a new auto
policy. Advise applicant that credit history is being used. May not
consider the absence of a credit history as a factor.
Auto
insurance: Must provide a policyholder statement on rating factors. If
use credit scoring, explain how it may cause an increase in premiums. |
| Massachusetts |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
If coverage is denied or price increased because of credit report, must notify consumer of right to receive a credit report. |
| Michigan |
File
formula used to compute credit score with the department. Must rescore
at the request of the policyholder. Notify consumers of their score and
the discount tier they are in.
Insurers may not use credit scores as a rating factor. |
| Minnesota |
May
not reject, cancel or nonrenew a policy solely on the basis of credit
information. If will use credit information, must notify consumer. If
use a credit scoring system, must have methodology on file with the
commissioner.
Code sections limiting collection of information do not apply to credit
scoring, as long as the agent informs the policyholder. |
| Mississippi |
| Disclose
to consumer that insurer may gather and consider credit information.
File scoring models with department. Must inform applicant if credit
score or report adversely affected him. |
| Missouri |
May
not use credit report or credit score as the sole rating factor. Must
disclose the fact that will gather credit information. Must inform
applicant if credit score or report adversely affected him.
Home insurance: Insurer must inform the Dept. of Insurance that it is using credit history as an underwriting guideline. |
| Montana |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Most recalculate credit score
after three years. File scoring models with department.
Montana law requires notification to consumers when their credit
history adversely affects their ability to obtain or renew insurance. |
| Nebraska |
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider solely the absence of a credit history. Most recalculate
credit score after three years. File scoring models with department.
Auto
insurance: Policy must be accompanied by disclosure stating if any
credit-based rating was used to determine rate charged for coverage. |
| Nevada |
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years.
At renewal of a policy, the consumer credit report or insurance score
used on the policy with the earliest effective date may be used,
provided that the credit information is not more than 36 months old. |
| New Hampshire |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
If
use credit scoring, must establish written standards to prevent
discrimination and submit scoring model to the insurance department for
review. Update credit score at least every three years. Submit to
commissioner information on the factors considered and the statistical
validation. |
| New Jersey |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
Insurance scoring is permitted, provided that consumer protections are
maintained. Submit model to department for review; credit score may be
considered as only one of factors in determining rates; provide
specific information if the insurer takes an adverse action. |
| New Mexico |
All
insurers that use credit scoring in underwriting or rate making must
submit all portions of the programs that include the use of credit
scoring to the Insurance Division.
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department.
Standards for the notification required in statute. |
| New York |
| Requires users of consumer reports to advise the consumer of adverse action taken in reliance on the report.
May not include income, gender, race, religion, marital status, ZIP
code, nationality, etc. as factors. May not base rates solely on credit
score or consider absence of a credit history. Must recalculate credit
score after three years. File scoring models with department.
May not take an adverse action based on a list of situations and
events. Filings of scoring models must include listed information.
Home insurance: Must give specific reasons for cancellation. |
| North Carolina |
| Auto
insurance: May not use credit reports as sole rating factor. Must
notify consumer if will be used. File scoring models with insurance
department. Requirements for insurers who have trade secret pages in
their credit scoring models. |
| North Dakota |
|
May not include income, gender, race, religion, marital status, ZIP
code, nationality, etc. as factors. May not base rates solely on credit
score. May not consider absence of a credit history unless insurer
treats the consumer as otherwise approved by the Insurance Commissioner
if insurer presents information that such absence relates to the risk
for insurer, if consumer is treated as through the credit information
is neutral, or if credit information is excluded as a factor. Must
recalculate credit score after three years. File scoring models with
department. |
| Ohio |
| Insurers
must establish that credit history and credit scores are valid risk
characteristics. May not use for discriminatory purposes. |
| Oklahoma |
Insurers
that use credit history or credit scores must provide the board with
underlying information to show they are using the information in
accordance with OK law. Notify the insured of any adverse action taken
as a result of the credit history or credit score.
May
not include income, gender, race, religion, marital status, ZIP code,
nationality, etc. as factors. May not base rates solely on credit score
or consider absence of a credit history. Must recalculate credit score
after three years. File scoring models with department. |
| Oregon |
Insurer,
agent or insurance support organization may not prepare or request an
investigative consumer report about a person involving an insurance
transaction unless the insurer or agent informs the person that he may
request to be interviewed in connection with the preparation of the
report and that the person may request a copy of the report.
Prior
to use, must notify consumer that credit history will be used. Must
notify consumers during the application process that consumer may
request information about the use of credit histories or insurance
scores. Notice may be either in writing or in the same medium as the
medium in which the application is made. The statement must address the
following items: (a) Why the insurer uses credit history or insurance
scores, (b) How the insurer uses credit histories or insurance scores,
(c) What kinds of credit information are used by the insurer, (d)
Whether a consumer's lack of credit history will affect the insurer's
consideration of an application, (e) Where the consumer may go with
questions. An insurer that uses credit history or insurance score in
connection with a renewal shall notify consumer of that use when
renewal offer is made. Notice shall address the items above. In
addition, insurer shall inform consumer that consumer has a right
annually to request the insurer use current credit information in the
renewal process and that insurer will update the credit information
used upon receiving such a request.
If adverse underwriting decision, provide consumer with specific
reasons. If based on credit score, include specifics of no more than
four reasons for score. Provide information on how to dispute. May use
credit history only in combination with other factors to decline
coverage. May not consider absence of history, number of inquiries,
total available credit, etc. Consumer may request yearly re-rating.
File scoring models with dept. Prohibits an insurer from rerating the
policy or consumer when the consumer's marital status changes because
of death or divorce. Allows an insurer to consider the last five years
of claim history when rating a policy, however a insurer can use a
longer claim history for the purpose of providing a discount. Allows
insurer to consider the second or any subsequent claims in the last
five years to determine whether to issue or renew a policy. |
| Pennsylvania |
| No provision |
| Rhode Island |
May
not request a credit report without first notifying the insurance
applicant. If deny coverage or charge more, must notify consumers that
is due to credit report.
May use
credit scoring for rating and underwriting only if the insurer
demonstrates the predictive nature of the score to the insurance
department. If requested by customer, must do new credit score every
two years and lower rates if score is better. May not use revised score
to raise rates except as noted. Rates may only be changed at time of
renewal. List of factors that may not be considered. Reporting agency
may not sell data or lists that include information about credit
report.
May
not decline insurance for a new consumer based solely on the credit
score. If use in rating, must demonstrate the statistically predictive
nature of the score in the rate filing. |
| South Carolina |
An
insurer may use absence of credit as a criterion for underwriting if
the insurer presents information satisfactory to the director.
If insurers use lack of a credit score as an underwriting criteria, must provide the department with support.
Must get approval from department before using lack of a credit score as a criterion for underwriting.
Auto
insurance: Credit report used as basis for rate classification must be
kept on file by the insurer for three years and be available to the
applicant. May not refuse to insure, cancel or nonrenew based solely on
credit history or credit score. A filing including credit scoring must
include justification. Disclose to consumer that insurer may gather and
consider credit information. |
| South Dakota |
| May not use credit information as the sole rating factor. |
| Tennessee |
Justification
for use of credit scoring must be provided in the filing. Credit
scoring cannot be the sole basis for determining rates.
May
not include ZIP code as a factor. May not base rates solely on credit
score or consider absence of a credit history. Must recalculate credit
score after three years. File scoring models with department.
Sets procedures for filing of credit scoring models. |
| Texas |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
Filing requirements for credit scoring models.
Disclosure statement for consumers on how score is calculated, right to
appeal, requirement for actuarial justification. Rate differences due
solely to use of credit scoring must be supported by actuarial analysis
Insurer
may not use credit scoring that is computed using factors that
constitute unfair discrimination. Shall not refuse to renew an
insurance policy solely based on credit information. If credit
information is used in underwriting or rating, disclose that fact at
the time the application is taken. File scoring models with department.
|
| Utah |
Home insurance: Insurer that uses credit reports in underwriting must comply with federal Consumer Credit Reporting Act.
Auto
insurance: May only use credit information to reduce rates or in
conjunction with other factors. Inform consumer of factors used in
adverse underwriting decision. May not use credit information to cancel
or nonrenew coverage that has been in place 60 days or more or as the
primary reason to refuse to issue a new policy. |
| Vermont |
| No provision. |
| Virginia |
Any insurer intending to use credit score must file the model prior to their use.
May not include income, gender, race, religion, marital status, ZIP
code, nationality, etc. as factors. May not base rates solely on credit
score or consider absence of a credit history. Must recalculate credit
score after three years.
Auto and fire insurance: Insurers shall not refuse to renew an
insurance policy solely based on credit information contained in a
consumer report, bearing on an individual’s creditworthiness, credit
standing or credit capacity. If credit information is used in part, it
shall be based on a consumer report procured within 120 days from
effective date of nonrenewal. |
| Washington |
Consumer reporting agency may furnish credit report where the insurer intends to use it for underwriting.
Credit history may not be used to cancel or non-renew insurance. May
only be used to deny coverage if combined with other substantive
underwriting factors.
Credit
history shall not be used to determine insurance rates unless the
credit scoring models are filed with the commissioner. May not use
certain attributes of credit history in credit scoring model.
Regulation describes standards that apply to insurers that use credit history. |
| West Virginia |
Guidelines
for filings containing credit scoring. Data may not be used in unfairly
discriminatory manner. May not be sole basis for deciding whether to
write coverage. If used for rating, must recheck scores of
policyholders after 3 years.
May not decline a policy based solely on adverse credit report.
Auto
insurance: Dept. of Motor Vehicles may furnish credit information from
its files where an insurer intends to use it for underwriting. |
| Wisconsin |
| Can use credit reports but not as the sole reason to refuse, cancel or nonrenew a policy. |
| Wyoming |
| Authority
to adopt regulation to provide that credit history may not be sole
factor and to require disclosures. Protect consumers against unfair
discrimination. |
| Source: National Association of Insurance Commissioners |
|