§ 8304. Use of credit information [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8304. Use of credit information [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. (a) An insurer authorized to do business in Delaware that uses credit information to underwrite or rate risks, shall not do any of the following: (1) Use an insurance score that is calculated using income, gender, […]
§ 8305. Extraordinary life circumstances [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8305. Extraordinary life circumstances [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. (a) Notwithstanding any other law or regulation, an insurer that uses credit information shall, on written request from an applicant for insurance coverage or an insured, provide reasonable exceptions to the insurer’s rates, rating classifications, company or […]
§ 8306. Dispute resolution and error correction [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8306. Dispute resolution and error correction [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and […]
§ 8307. Notification [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8307. Notification [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. (a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it […]
§ 8308. Adverse action [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8308. Adverse action [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. If an insurer takes an adverse action based upon credit information, the insurer must meet all of the following notice requirements: (1) Provide notification to the consumer that an adverse action has been taken, in accordance with the […]
§ 8309. Filing [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8309. Filing [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. (a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models with the Commissioner. A third party may file scoring models on behalf of insurers. A filing that includes insurance scoring may include loss […]
§ 8310. Indemnification; causes of action and defenses [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8310. Indemnification; causes of action and defenses [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurer who obtains or […]
§ 8311. Sale of policy term information by consumer reporting agency [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8311. Sale of policy term information by consumer reporting agency [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. (a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about […]
§ 8312. Severability [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8312. Severability [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. If any section, paragraph, sentence, clause, phrase, or any part of this chapter is declared invalid due to an interpretation of or a future change in the federal Fair Credit Reporting Act [15 U.S.C. § 1681 et seq.], the remaining […]
§ 8301. Purpose [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
§ 8301. Purpose [For applicability of this section, see 81 Del. Laws, c. 108, § 3]. The purpose of this chapter is to regulate the use of credit information for personal insurance, so that consumers are afforded certain protections with respect to the use of such information. 81 Del. Laws, c. 108, § 1;