LD 470
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to take an adverse action.__The notice must include a
description of up to 4 factors that were the primary
influences of the adverse action.__The use of a generalized
term such as "poor credit history," "poor credit rating" or
"poor insurance score" does not meet the explanation
requirements of this paragraph.__Standardized credit
explanations provided by consumer reporting agencies or other
3rd-party vendors are deemed to comply with this paragraph.

 
5. Dispute resolution and error correction. If it is
determined through the dispute resolution process set forth in
Title 10, section 1317 or 15 United States Code, Section
1681i(a)(5) that the credit information of a current insured was
incorrect or incomplete and if the insurer receives notice of
such determination from either the consumer reporting agency or
from the insured, the insurer shall reunderwrite and rerate the
consumer within 30 days of receiving the notice.__After
reunderwriting or rerating the insured, the insurer shall make
any adjustments necessary, consistent with its underwriting and
rating guidelines.__If an insurer determines that the insured has
overpaid premium, the insurer shall refund to the insured the
amount of overpayment calculated back to the shorter of either
the last 12 months of coverage or the actual policy period.

 
6. Filing of insurance scoring models.__An insurer that uses
insurance scores to underwrite and rate risks shall file the
scoring model or other scoring processes used by the insurer with
the superintendent.__A 3rd party may file scoring models on
behalf of insurers.__A filing that includes insurance scoring
must include loss experience justifying the use of credit
information if required by the superintendent.__The insurance
scoring model contained in a filing required under this
subsection is confidential and not a public record within the
meaning of Title 1, section 402, subsection 3.

 
7. Indemnification. 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 a producer who obtains or uses credit information or
insurance scores for an insurer, provided the producer, in the
exercise of reasonable care, follows the instructions of or
procedures established by the insurer and complies with any
applicable law or regulation.__This subsection may not be
construed to provide a consumer or other insured with a cause of
action that does not otherwise exist in the absence of this
subsection.__This subsection may not be construed to indemnify a
producer for the producer's omission when a producer elects not

 
to obtain a credit-related insurance score in connection with an
application for personal insurance coverage from an insurer that


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