Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 20 - Insurance
Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance
Part 15 - Use of Credit - Extraordinary Life Events (230-RICR-20-05-15)
Section 230-RICR-20-05-15.5 - Absence of or Insufficient Credit History
Universal Citation: 230 RI Code of Rules 20 05 15.5
Current through September 18, 2024
A. An insurer using an insurance score for underwriting and rating of homeowners and/or private passenger automobile insurance must comply with the following conditions:
1. If an insurer issuing or
delivering a policy is unable to obtain credit history from a consumer report
or in cases where an insured or applicant has insufficient credit history to
produce an insurance score, the insurer shall underwrite, tier, or rate the
individual risk in one of the following ways:
a. as if the risk received a neutral or
average insurance score, as defined by the insurer,
b. by excluding the use of insurance score as
a factor and using only other underwriting, tiering, or rating criteria; or
c. in accordance with established
underwriting guidelines or filed tiering or rating criteria.
2. The application and definition
of a neutral or average insurance score; the manner in which credit history is
excluded; and the use of other underwriting, tiering, or rating criteria are
subject to the Department's review and approval. Any such established
underwriting guidelines or filed tiering or rating rules shall consider other
actuarially justified factors associated with the risk in addition to the
inability to obtain credit history or the insufficiency of the credit history.
3. The absence of or inability to
obtain an insurance score or insufficient credit history does not include
situations where an applicant or insured refuses to allow the insurer access to
the customer's credit history. Insurers are not required to provide a quote, or
issue or renew a policy should a customer or existing insured refuse to provide
access to a customer's credit history.
B. The provisions of this Part are in addition to the requirements of R.I. Gen. Laws §§ 27-6-53 and 27-9-56 and Parts 2 and 3 of this Subchapter where applicable.
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