Section 2801. Definitions  


Latest version.
  • For the purposes of this article, the following
      terms shall have the following meanings:
        (a) "Adverse action" shall  mean  a  denial  or  cancellation  of,  an
      increase  in  any  charge  for,  or  a  reduction  or  other  adverse or
      unfavorable change in the terms of coverage or amount of, any insurance,
      existing or applied for, in connection with the underwriting of personal
      insurance.
        (b) "Affiliate" shall mean any company that  controls,  is  controlled
      by, or is under common control with another company.
        (c) "Applicant" shall mean an individual who has applied to be covered
      by a personal lines insurance policy with an insurer.
        (d)  "Consumer" shall mean an insured whose credit information is used
      or whose insurance score is calculated in the underwriting or rating  of
      a personal lines insurance policy or an applicant for such a policy.
        (e)  "Consumer  reporting  agency"  shall  mean  any  person  who, for
      monetary fees, dues, or on  a  cooperative  nonprofit  basis,  regularly
      engages  in whole or in part in the practice of assembling or evaluating
      consumer credit information or other information on  consumers  for  the
      purpose of furnishing consumer reports to third parties.
        (f)  "Credit  information"  shall  mean any credit-related information
      derived from a credit report,  found  on  a  credit  report  itself,  or
      provided  on  an  application  for personal lines insurance. Information
      that is not credit-related shall not be considered "credit information",
      regardless of whether it is contained  in  a  credit  report  or  in  an
      application, or is used to calculate an insurance score.
        (g)   "Credit   report"   shall  mean  any  written,  oral,  or  other
      communication of information by a consumer reporting agency bearing on a
      consumer's credit worthiness, credit standing or credit  capacity  which
      is  used or expected to be used or collected in whole or in part for the
      purpose of serving as a factor to  determine  personal  lines  insurance
      premiums, eligibility for coverage, or tier placement.
        (h)  "Insurance  score"  shall mean a number or rating that is derived
      from an algorithm, computer application, model, or other process that is
      based in whole or in part on credit  information  for  the  purposes  of
      predicting the future insurance loss exposure of an individual applicant
      or insured.
        (i)  "Personal lines insurance" shall mean property/casualty insurance
      coverage sold to individuals and families  for  primarily  noncommercial
      purposes.