STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1039	By:	Cox

AS INTRODUCED

An Act relating to insurance; amending Section 3, Chapter 127, O.S.L. 2003 (36 O.S. Supp. 2010, Section 952), which relates to the Use of Credit Information in Personal Insurance Act; modifying definition; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 3, Chapter 127, O.S.L. 2003 (36 O.S. Supp. 2010, Section 952), is amended to read as follows:
Section 952.  As used in this act the Use of Credit Information in Personal Insurance Act:
1.  “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of personal insurance;
2.  “Affiliate” means any company that controls, is controlled by, or is under common control with another company;
3.  “Applicant” means an individual who has applied to be covered by a personal insurance policy with an insurer;
4.  “Consumer” means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy;
5.  “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties;
6.  “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance.  Information that is not credit-related shall not be considered "credit information”, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score;
7.  “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement;
8.  “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 information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured; and
9.  “Personal insurance” means private passenger automobile, homeowners, motorcycle, mobile-homeowners and noncommercial dwelling fire insurance policies and boat, personal watercraft, snowmobile and recreational vehicle policies.  Such policies must be individually underwritten for personal, family or household use.  No other type of insurance shall be included as personal insurance for the purpose of this act the Use of Credit Information in Personal Insurance Act.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-5435	SDR	12/20/10