Is
insurance credit scoring legal?
Yes. The Fair Credit
Reporting Act (FCRA) allows for insurers to obtain credit
reports in connection with insurance underwriting.
Fortunately, the FCRA also allows States to enact legislation
the provides greater consumer protection than the FCRA can
provide and some States have set restrictions as to the use of
insurance credit scoring. If you are in Hawaii, it is
illegal.
If your policy is
affected by your credit in any way, the insurer is REQUIRED to
notify you as per the FCRA. This notification must include the
reasons for the increase, the consumer reporting agency from
which the information was obtained and a way to get that
information.
If you believe your
policy was impacted by your credit and you did not receive an
adverse action letter, pull copies of your credit reports to
see if the insurer is listed as making an inquiry and then
file a complaint with your Department of Insurance.
FYI- If your
insurance company requests a Social Security number then you
probably were credit scored.
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How
can I have a credit score of 720 and still not qualify for the
lowest rates?
Because
"lending" credit scores are calculated differently
than "insurance" credit scores. Insurance credit
scoring is not the difference between good credit and
bad credit, it is better defined as the
"right" credit or the "wrong" credit.
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My
new company quoted me one price and then came back later and
told me that due to my credit score I would have to pay higher
premiums or cancel the policy. Can they do this?
This is known as a
credit "bait and switch" tactic. You are forced to
pay the higher premiums or attempt to find other coverage
while the new company keeps the down payment for the policy
you do not want. If this has happened to you, I encourage you
to file a complaint with your Department of Insurance.
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I received notice that due to my
insurance credit score, my company was removing my "premier
customer discount". I did not even know I had this
discount. What is the difference between removing a discount and
adding a surcharge?
There is no difference.
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If we are not borrowing the
money, why do they have to do a credit check?
Again, this goes back to the Studies.
Insurance companies believe that certain credit
characteristics are indicative of insurance losses. This
is an unproven theory.
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What
is a CLUE report?
Comprehensive Underwriting Loss Exchange A CLUE
report is a listing of damage and or claims paid to you or for
you by the insurance company. This report may also list any
claims that were not formally filed, settled and/or
adjudicated. You can dispute the information contained in the
CLUE reports.
To dispute a loss record, call or write them at:
ChoicePoint Consumer Center
P.O. Box 105108
Atlanta, Georgia 30348-5108
www.consumerdisclosure.com
1-866-718-7684
Be sure to include in the dispute:
- the C.L.U.E. reference or consumer number
- the name of the insurance company
- the date of the loss
- a brief explanation of the facts
As with credit reports, the information will be verified
with the reporting insurance company and they will notify you of the
results within 30 days.
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| Submit
your questions here. |
| When it
comes to Insurance Credit Scoring, many other questions come to
mind. This will be updated as answers are found or received. Do
you know an answer? Email.. |
| Q.
What was the original intent in including Insurance in the
FCRA? |
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Q. Who
wanted this study and why? Who would they have thought that
credit and
claims correlate?
A.
See one theory here.
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Q. Why
is insurance credit scoring so important to the insurance
industry?
Obviously, this
practice has proven to be quite profitable. "A
few years ago, after the Arizona state Senate had passed a
bill prohibiting insurers� use of credit scoring, the
National Association of Independent Insurers (an industry
trade association) and Progressive sent out hundreds of
thousands of letters to consumers telling them that their
insurance rates would go up if the state House of
Representatives concurred with the Senate. The bill did not
pass." 2
As a matter of fact,
the Insurance Industry ranks first in lobbying
expenditures ($77,206,908.00) and campaign contributions
($31,223,078.00) in 1998. (Last
data assembled.) In case you are interested, the
Republicans received 70% and the Democrats received 30%.
Add these amounts to
the high cost of leasing scoring models and running credit
reports and you can see why premiums are rising. Using
Insurance Credit Scoring is simply adding cost to the bottom
line and the insurance industry want to make sure you cover
those costs.
So why is the
insurance industry fighting this so fiercely?
For one theory, click
here.
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Q.
Why is insurance credit scoring becoming a big issue now if
they have been using it for
years?
A. Credit
scoring has been used for years in insurance underwriting as
one of the permissible purposes as defined by the Fair Credit
Reporting Act. But the reasoning goes deeper than that.
Insurance companies, like consumers, have done very well with
their investments (yes, they invest your premiums) for years.
Last year, like many consumers, the insurance companies lost
significant amounts of money in the market. Now the insurance
industry sees premiums as the key to profitability. Stocks go
down, premiums go up. So they, unlike consumers, have a way to
make up their losses and it appears they are using an unfair
trade practice to do so. See why in Industry
Vs. Consumer.
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Q.
The insurance industry claims that the Fair Credit Reporting
Act (FCRA) authorizes the
use of credit reports in insurance
underwriting as a "permissible purpose".
Why then did they ignore the portion of the
FCRA that states that if adverse action is taken
based on information in the credit report
that a consumer must be notified? Why has it
taken time and taxpayer money to enact laws
that enforce the FCRA?
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Q.
Could there be another underlying reason they want to see
your credit report?
A. Scoring models not
only provide insurance credit scores but underwriting,
retention, cross selling, claims handling, prospect targeting
and collections as well. Credit reports may be a valuable
commodity not just for the purpose of determining rates.
See Industry vs. Consumer II.
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Q.
For
a married couple, they have both SS#, whose do they run? Or
do they run
both? How is this factored into the
insurance credit score, how do they choose
which one to use if they only use one?
A. They run both credit
reports. Do they take a combined amount? An agent's
answer?
"I don't know, I am receiving conflicting answers
from home office."
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Q.
The insurance industry has a system in place to recoup losses
after an incident
with surcharges, etc. Why do they need
a system in place based on the
likelihood you are going to have a
claim?
A. Received an
answer on this one:
Insurance rating is entirely for the purpose of trying to
match expected claim costs with premiums paid. Accident
surcharges exist within the rating system because people who
have accident histories are more likely to have future
accidents. Therefore their insurance premiums should be
higher in the future than those who are less likely to have
future accidents. Surcharges do NOT recoup past losses.
This would be called retrospective rating. Auto insurance is
rated prospectively, not retrospectively. Past losses are paid
for by the premiums of people who didn't have accidents during
that same time period. The rating system is built for
the sole reason of estimating a given person's future
likelihood
of having an accident, and generating a premium that matches
the risk level.
Comments
or questions?
Interesting quote in
the Journal of Insurance Regulation published by the National
Association of Insurance Commissioners (NAIC) in 1989:
"As a further
consideration, prices presumably set to cover the cost of
accidents cannot be surcharged when an accident occurs
without calling into question the correctness of the
original price. Simply expressed: Aren't accidents what
premiums are supposed to pay for".
"There
is a question of propriety with respect to penalizing an
insured for the very occurrence for which he purchased
insurance... Questions may arise as the soundness of
penalizing such an insured when he is unfortunate enough to
have the accident for which he is insured against" - J.
Lemaire, Automobile Insurance, 1985.
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Q.
If you do not have a claim are they going to refund your excess
premiums? Will
they
not charge a surcharge following an accident because you were
'covered'
for expected losses beforehand? |
Q.
The industry states that insurance credit scoring benefits
consumers. We know
that a poor insurance credit score will
move you into a substandard company,
how many people have been moved out of
a substandard company based on an insurance
credit score? |
Q.
Why do they stress it helps competition when the underwriters
all originate in
just a few companies?
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Q.
Not many business stress the good of competition, why do they?
They claim
credit scoring increases competition
and that is good for their industry. |
Q. Why does
a Texas auto policy state, "We may not refuse to renew this
policy
based solely on the fact that you are
an elected official." What is the story
behind this??
Submit
your questions here. |