Md. Code Regs. 31.15.11.08

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

Section 31.15.11.08 - Private Passenger Motor Vehicle Insurance - Inability to Obtain Credit History

A. With respect to private passenger motor vehicle insurance, if an initial inquiry by an insurer or insurance producer fails to generate a credit report, credit score, or other credit history, the insurer or insurance producer shall:

(1) Notify the applicant or insured that the initial inquiry failed to generate a credit report, credit score, or other credit history;

(2) Verify the accuracy of:

(a) The name of the applicant or insured, to ensure that the insurer or insurance producer has the full name of the applicant or insured, including any middle initial, and that the name is spelled correctly;

(b) The address of the applicant or insured; and

(c) Any other information that the insurer or insurance producer obtained from an applicant or insured in order to obtain a credit report, credit score, or other credit history for the applicant or insured;

(3) Document in the appropriate file the notice to the applicant or insured and any response from the applicant or insured; and

(4) Retain the documentation for at least 3 years after the date that the notice was provided.

B. If any of the information that the insurer or insurance producer used in order to obtain a credit report, credit score, or other credit history for an applicant or insured was inaccurate or incomplete, the insurer or insurance producer shall:

(1) Make a second attempt to obtain a credit report, credit score, or other credit history for the applicant or insured;

(2) Document in the appropriate file the second attempt to obtain a credit report, credit score, or other credit history for the applicant or insured; and

(3) Retain the documentation for at least 3 years after the date of the second attempt to obtain a credit report, credit score, or other credit history for the applicant or insured.

C. Intentional Misrepresentation.

(1) An insurer may cancel a policy if an applicant intentionally misrepresented information on an application to prevent the insurer from obtaining a credit report, credit score, or other credit history of the applicant.

(2) It is prima facie evidence of an intentional misrepresentation if an applicant:

(a) Provided inaccurate information on an application; and

(b) Verified the accuracy of the information in response to a request from an insurer or insurance producer following an initial inquiry that failed to generate a credit report, credit score, or any other credit history.

Md. Code Regs. 31.15.11.08