Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 20 - Insurance
Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance
Part 3 - Automobile Insurance Rating
Section 230-RICR-20-05-3.13 - Use of Insurance Score in Rating or Underwriting
Universal Citation: 230 RI Code of Rules 20 05 3.13
Current through September 18, 2024
A. No insurer is required to use an Insurance Score in rating any insurance policy. If an insurer chooses to utilize Insurance Scores in insurance rating, where applicable statutes allow such use, the insurer must, in addition to the requirements of R.I. Gen. Laws § 27-9-56, comply with the following:
1. Demonstrate the statistically
predictive nature of the Insurance Score utilized in conjunction with its rate
filing.
2. Confirm that none of the
"negative factors" listed in R.I. Gen. Laws §
27-9-56(c) have
been utilized in determining an Insurance Score or in the rating or
underwriting process.
3. If the
insurer chooses to use an Insurance Score it may do so only in accordance with
R.I. Gen. Laws §
27-9-56 and this Part and may do
so only upon initiation or renewal of the policy.
4. If the use of an Insurance Score increases
the insured's rate in any manner, including making the insured ineligible for a
"tier", the insurer shall explain, in writing sent to the insured, all
information required by the Federal Fair Credit Reporting Act and the insured's
rights pursuant to R.I. Gen. Laws §
27-9-56(a)(2).
5. If requested by the insured, pursuant to
R.I. Gen. Laws §
27-9-56(a)(2),
the insurer must obtain an updated Insurance Score once every two (2) years
unless the insured is in the most favorably priced tier of the insurer or group
or insurance score was not used for the insured when the policy was initially
written. If required by R.I. Gen. Laws §
27-9-56(a)(2),
once the updated Insurance Score is obtained the insurer shall:
a. Provide a decreased premium to the insured
at renewal, if the updated Insurance Score indicates that the insured is
entitled to a decrease in premium.
b. If the updated Insurance Score indicates
that the insured may be charged an increased premium, the insurer may only
increase the premium at renewal due to the Insurance Score if:
(1) The worsening is due to a bankruptcy, tax
lien, garnishment, foreclosure or judgment; or
(2) A subsequent Insurance Score undertaken
no sooner than six (6) months later confirms the worsening in score.
6. If a credit bureau
determines that disputed information is inaccurate or incorrect and such
information was used in determining an insurance score which resulted in a
denial, cancellation or nonrenewal of or higher premiums or less favorable
policy terms for a consumer, the insurer shall, within thirty (30) days of
receiving notice of correction, adjust the premium on the policy by refunding
the amount of the overpayment based on the corrected insurance score
retroactive to the shorter of the last twelve (12) months of coverage or the
actual period of coverage.
7. If
the credit history is insufficient, the insurer shall follow §
15.5 of this
Subchapter.
8. If the insurer
receives a written request from a person claiming to have been affected by an
Extraordinary Life Event, the insurer shall follow §
15.6 of this
Subchapter.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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