HB 1164-1_ Filed 01/23/2002, 13:31

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Adopted Rejected

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                                                        YES:

                                                        NO:

MR. SPEAKER:

    Your Committee on       Insurance, Corporations and Small Business     , to which was referred       House Bill 1164     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 4; (02)CR116402.1. -->     Page 1, between lines 4 and 5, begin a new paragraph and insert:
    " Sec. 1. As used in this chapter, "claim loss" means a claim paid under a property and casualty insurance policy, including a claim for:
        (1) bodily injury;
        (2) property damage;
        (3) medical payments;
        (4) collision coverage;
        (5) comprehensive coverage;
        (6) car rental coverage; or
        (7) towing coverage.".
    Page 1, line 5, delete "1." and insert " 2.".
    Page 1, line 7, delete "2." and insert " 3.".
    Page 1, line 13, delete "3." and insert " 4.".
    Page 1, line 15, delete "4." and insert " 5.".
    Page 2, line 1, delete "5." and insert " 6.".

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    Page 2, line 4, delete "6." and insert " 7.".
    Page 2, line 6, delete "7." and insert " 8.".
    Page 2, line 11, delete "8." and insert " 9.".
    Page 2, line 20, delete "9." and insert " 10. (a)".
    Page 2, between lines 28 and 29, begin a new paragraph and insert:
    " (b) An insurer violates subsection (a) by offering continuing coverage under subsection (a) if the policyholder has:
        (1) continuously maintained a property and casualty insurance policy issued by the insurer;
        (2) had no claim loss on the policy specified in subdivision (1); and
        (3) had no moving traffic violations;
during the three (3) years immediately preceding the date on which the insurer offers to provide continuing coverage.
    Sec. 11. If the credit score of an applicant or a policyholder is adversely affected or cannot be generated because the credit history of the applicant or policyholder is insufficient, an insurer may:
        (1) use additional credit related underwriting criteria that have been filed with the commissioner;
        (2) apply underwriting criteria to the applicant or policyholder as if the applicant or policyholder had a neutral credit history, as defined in the insurer's underwriting guidelines or rate making standards; or
        (3) exclude the use of credit as a factor in the underwriting process.".
    Page 2, line 29, delete "10." and insert " 12.".
    Page 2, line 37, delete "11." and insert " 13.".
    Page 3, line 8, delete "12." and insert " 14.".
    Page 3, line 10, delete "13." and insert " 15.".
    Page 3, line 13, delete "14." and insert " 16. An insurance producer licensed under IC 27-1-15.6 is not liable in any action arising from the use of a credit score by an insurer.
    Sec. 17.".
    Page 3, line 16, delete "IC 27-2-21-10.1" and insert "IC 27-2-21-12.1".
    Page 3, line 18, delete "10.1." and insert " 12.1.".
    Page 3, line 20, delete "10" and insert " 12".

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    Page 3, line 25, delete "10" and insert " 12".
    Page 4, delete line 2.
    Page 9, after line 42, begin a new paragraph and insert:

SOURCE: IC 34-30-2-111.8; (02)CR116402.4. -->     "SECTION 4. IC 34-30-2-111.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 111.8. IC 27-2-21-16 (Concerning an insurance producer and an insurer's use of a credit score).".
    (Reference is to HB 1164 as introduced.)

and when so amended that said bill do pass.

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