ORS 746.661
Use of credit history or insurance score


(1)

An insurer that issues personal insurance policies in this state:

(a)

May not cancel or nonrenew personal insurance that has been in effect for more than 60 days based in whole or in part on a consumer’s credit history or insurance score.

(b)

May use a consumer’s credit history to decline coverage of personal insurance in the initial underwriting decision only in combination with other substantive underwriting factors. An offer of placement with an affiliate insurer does not constitute a declination of insurance coverage.

(c)

May not use the following types of credit history to decline coverage of personal insurance, calculate an insurance score or determine personal insurance premiums or rates:

(A)

The absence of credit history or the inability to determine the consumer’s credit history, if the insurer has received accurate and complete information from the consumer, unless the insurer does one of the following:
(i)
If the insurer presents information that the absence of credit history or the inability to determine the consumer’s credit history relates to the risk for the insurer, uses the absence of a credit history or inability to determine a consumer’s credit history as allowed by rules adopted by the Director of the Department of Consumer and Business Services;
(ii)
Treats the consumer as if the applicant or insured has neutral credit history, as defined by the insurer; or
(iii)
Excludes the use of credit information as a factor and uses only other underwriting criteria.

(B)

Credit inquiries not initiated by the consumer or inquiries requested by the consumer for the consumer’s own credit information.

(C)

Inquiries identified on a consumer’s credit report relating to insurance coverage.

(D)

Multiple lender inquiries identified as being from the home mortgage industry and made within 30 days of one another, unless only one inquiry is considered.

(E)

Multiple lender inquiries identified as being from the automobile lending industry and made within 30 days of one another, unless only one inquiry is considered.

(F)

The consumer’s total available line of credit. However, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(d)

May not rerate an existing policy or rerate a customer based on a customer’s credit history or the credit history component of a customer’s insurance score when the marital status of the customer changes due to death or divorce.

(2)

Intentionally left blank —Ed.

(a)

If an insurer uses the consumer’s credit history or insurance score at any time in the rating of a personal insurance policy, the consumer may request, no more than once per insurer per policy line annually, that the insurer rerate the consumer according to the standards that the insurer would apply if the consumer were initially applying for the same insurance policy.

(b)

The insurer shall rerate the consumer within 30 days after receiving a request from the consumer. After rerating the consumer based upon the request, the insurer may not use credit information from rerating to increase the premium on any personal insurance policy the consumer holds. If the consumer qualifies for a more favorable rating category, the insurer shall reduce the premiums on all the personal insurance policies the consumer holds in the related policy line for which the consumer’s credit history and insurance score would entitle the consumer to lower premiums if the consumer were applying for a new policy. The effective date of any rate change is the date of the consumer’s request.

(c)

If a request to rerate a policy is received within 60 days prior to a renewal date, or if the difference between the current rate and the improved rate is less than $10, the insurer may provide the consumer with the difference between the current rate and the improved rate over the remainder of the current period as a credit upon renewal. If the policy is canceled or not renewed, the insurer shall refund the unearned premium. Any existing claim-related discounts or surcharges shall carry forward for each rerated policy.

(3)

If an insurer uses disputed credit history to determine eligibility for coverage of personal insurance and places a consumer with an affiliate that charges higher premiums or offers less favorable policy terms:

(a)

The insurer shall rerate the policy retroactive to the effective date of the current policy term; and

(b)

The policy, as reissued or rerated, shall provide the premiums and policy terms for which the consumer would have been eligible if accurate credit history had been used to determine eligibility.

(4)

If an insurer charges higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the insurer shall charge the consumer the same premiums the consumer would have been charged if accurate credit history had been used to calculate an insurance score.

(5)

Subsections (3) and (4) of this section apply only if the consumer resolves the credit dispute under the process set forth in the federal Fair Credit Reporting Act (15 U.S.C. 1681) and notifies the insurer in writing that the dispute has been resolved.

(6)

Except as provided in subsections (2), (3) and (4) of this section, an insurer may only use rating factors other than credit history or insurance score to rerate the policy at renewal. [2003 c.788 §4; 2005 c.464 §1; 2009 c.422 §1]

Source: Section 746.661 — Use of credit history or insurance score, https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html.

746.005
Trade practices exempted from prohibitions
746.015
Discrimination
746.018
Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited
746.021
Discrimination under health benefit plans
746.023
Discrimination against living donors or body part donors with respect to life insurance, health insurance or long term care insurance
746.025
Securities or other contracts as inducement to insurance
746.035
Inducements not specified in policy
746.045
Prohibition on rebates
746.055
Title insurance commissions, rebates and discounts
746.065
Personal or controlled insurance
746.075
Misrepresentation generally
746.085
Regulating replacement of life insurance
746.100
Misrepresentation in insurance applications or transactions
746.110
False, deceptive or misleading statements
746.115
Advertisements in languages other than English
746.120
Illegal dealing in premiums
746.125
Limitation on coverage of eye care services
746.130
Insurance connected to sale or rental of property
746.135
Genetic tests and information
746.137
Reimbursement of private emergency responder’s actual expenses in emergency response
746.140
Sale of life insurance with securities
746.145
Workers’ compensation insurance
746.147
Workers’ compensation insurance
746.150
Other insurance
746.155
Applicability of ORS 746.145 and 746.150
746.160
Practices injurious to free competition
746.195
Insurance on property securing loan or credit
746.201
Depository institution to obtain required property insurance when borrower does not
746.213
Definitions for ORS 746.213 to 746.219
746.215
Regulation of depository institutions with regard to insurance sales or solicitations
746.217
Disclosures to customers
746.219
Investigatory powers
746.220
Debtor’s option in furnishing credit life or credit health insurance
746.230
Unfair claim settlement practices
746.233
Unfair claim settlement practices with respect to prior authorizations of health care items or services
746.240
Undefined trade practices injurious to public prohibited
746.260
Driving record not to be considered in issuance of motor vehicle insurance
746.265
Purposes for which abstract of nonemployment driving record may be considered
746.270
Use of past investment or predicted future investment experience in sale of variable life insurance policies
746.275
Definitions for ORS 746.275 to 746.300
746.280
Designation of particular motor vehicle repair shop by insurer prohibited
746.285
Notice of prohibition in motor vehicle repair shops
746.287
Insurer requirement of installation of aftermarket crash part in vehicle
746.289
Insurer offer of crash part warranty
746.290
Notice of prohibition in policies and by adjusters
746.292
Motor vehicle repair shops
746.295
Proof and amount of loss under motor vehicle liability policies
746.300
Liability of insurers and motor vehicle repair shops for damages
746.305
Rules
746.308
Violation of provisions regarding totaled vehicles as violation of Insurance Code
746.310
Representing or aiding unauthorized insurer prohibited
746.320
Service of process equivalent to personal service on unauthorized foreign or alien insurer
746.330
Judgment by default after service of process under ORS 746.320
746.340
Conditions to be met by defendant unauthorized insurer before filing motions or pleadings
746.350
Attorney fee allowable to prevailing party
746.360
Exceptions to application of unauthorized insurer service of process law
746.370
Records of insureds
746.405
Definitions for ORS 746.405 to 746.530
746.422
Inquiries from director to premium finance company
746.425
Applicability of ORS 746.405 to 746.530
746.465
Records required of premium finance companies
746.470
Prohibition against interfering with premium financing recommendation
746.475
Premium finance agreements
746.485
Regulation of service charge for premium financing
746.495
Delinquency charges regulated
746.505
Cancellation of policy by premium finance company
746.515
Return of unearned premiums on cancellation
746.525
Agreement effective as security interest
746.530
Attorney fees
746.600
Definitions for ORS 746.600 to 746.690
746.605
Purpose
746.606
Information privacy standards for health insurers
746.607
Use and disclosure of personal information
746.608
Rules
746.609
Exemptions for health insurers
746.610
Application of ORS 746.600 to 746.690
746.611
Personal representative of deceased person
746.612
No right of action
746.615
Pretext interviews prohibited
746.620
Notice of insurance information practices
746.625
Marketing and research surveys
746.630
Authorization for disclosure of certain information
746.632
Genetic information used for treatment
746.635
Investigative consumer reports
746.640
Access to recorded personal information
746.645
Correction, amendment or deletion of recorded personal information
746.650
Reasons for adverse underwriting decisions
746.655
Information concerning previous adverse underwriting decisions
746.660
Basing adverse underwriting decision on previous adverse decision
746.661
Use of credit history or insurance score
746.662
Filing of insurance scoring models
746.663
Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score
746.665
Limitations and conditions on disclosure of certain information
746.668
Relationship of ORS 746.620, 746.630 and 746.665 to federal Fair Credit Reporting Act
746.670
Investigatory powers
746.675
Service of process on out-of-state insurance-support organizations
746.680
Remedies
746.685
Liability for disclosure of information
746.686
Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy
746.687
Cancellation of homeowner insurance policy
746.688
Use of loss history reports
746.690
Obtaining information under false pretenses prohibited
746.991
Penalties
Green check means up to date. Up to date