Use of loss history reports
- notice to consumer
(1)An insurer or insurance producer shall notify a consumer that the insurer or insurance producer will request a loss history report relating to the consumer or property to be insured before the insurer or insurance producer may obtain the report. The notice may be oral, in writing or in the same medium as the medium in which previous communication between the consumer and the insurer or insurance producer has been conducted.
(2)An insurance producer may provide a single notice under subsection (1) of this section to a consumer if the insurance producer makes loss history inquiries of one or more insurers in response to a request by the consumer relating to a homeowner insurance policy.
(3)An insurer that uses loss history reports for underwriting or rating homeowner insurance shall instruct the insurer’s insurance producers that an insurance producer must notify the consumer that the insurance producer has requested a loss history report before the insurance producer may obtain the report.
(4)An insurer that uses a loss history report of a consumer when considering an application for a homeowner insurance policy shall notify the consumer during the application process that the consumer may request a free copy of the loss history report from the consumer reporting agency and a written statement describing the insurer’s use of the report. The notice to the applicant may be in writing or in the same medium as the medium in which the application is made. The written statement must contain the following explanations:
(a)The ways in which the insurer uses loss history reports;
(b)How often the insurer reviews a consumer’s loss history report; and
(c)The procedures a consumer may use to obtain additional information. [2005 c.489 §6]
Section 746.688 — Use of loss history reports; notice to consumer,