Md. Code Regs. 31.15.11.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 31.15.11.10 - Private Passenger Motor Vehicle Insurance - Review of Credit History

A. Review and Disclosure Required. With respect to private passenger motor vehicle insurance, an insurer that rates a new policy based wholly or partly on the credit history of an applicant shall:

(1) Review the credit history of an insured who was adversely impacted by the use of the insured's credit history at the initial rating of the policy:

(a) On request of the insured; or

(b) If not requested earlier by the insured, every 2 years;

(2) Adjust the premium of an insured whose credit history was reviewed under §A(1) of this regulation to reflect any improvement in the insured's credit history; and

(3) Disclose to the applicant at the time of issuance of a policy that the insurer is required to:

(a) Review the credit history of an insured who was adversely impacted by the use of the insured's credit history at the initial rating of the policy:

(i) On request of the insured; or

(ii) If not requested earlier by the insured, every 2 years; and

(b) Adjust the premium of an insured whose credit history was reviewed to reflect any improvement in the insured's credit history.

B. Request for Review. An insured may request a review of the insured's credit history not more than once per term of a policy.

C. Adjustment of Premium.

(1) Except as provided in §C(2)(a) of this regulation, any adjustment to a premium required by a review of an insured's credit history shall take effect at the first renewal following the review of the insured's credit history.

(2) If the improvement in the insured's credit history was due to the correction of inaccurate or incomplete information in the insured's credit report, the adjustment as a result of the improvement in the insured's credit history shall be retroactive to the previous renewal.

(3) An insurer that is required to review an insured's credit history shall review the credit history prior to the expiration of the current term of the policy and in time for any improvement in the insured's credit history to be reflected in the renewal premium for the subsequent term of the policy.

Md. Code Regs. 31.15.11.10