Md. Code Regs. 31.15.11.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 31.15.11.01 - Purpose

A. Enactment of Legislation on Use of Credit History.

(1) During the 2002 Session, the General Assembly enacted House Bill 521 which became Ch. 580, Acts 2002.

(2) With respect to homeowner's insurance, Ch. 580, Acts of 2002 prohibits an insurer from using credit history to underwrite or rate a risk or require a particular payment plan.

(3) With respect to private passenger motor vehicle insurance, Ch. 580, Acts of 2002, prohibits an insurer from using credit history to underwrite a risk, increase a renewal premium, or require a particular payment plan and restricts the manner in which an insurer may use credit history to rate a new private passenger motor vehicle policy.

B. Purpose of Chapter. The purpose of this chapter is to:

(1) Implement Ch. 580, Acts of 2002;

(2) Clarify the steps an insurer or insurance producer is required to take to determine if an applicant or insured has credit history after an initial inquiry fails to generate a credit report, credit score, or other credit history;

(3) Codify the best price rule with respect to the use of credit criteria or a credit score in an insurer's rate-making standards; and

(4) Require insurers that use credit history for rating purposes, with respect to private passenger motor vehicle insurance, to provide the Insurance Commissioner with the underlying information that the Insurance Commissioner needs to ensure that the insurers use the credit history in accordance with the standards for rating that currently exist in Maryland law.

Md. Code Regs. 31.15.11.01