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To enact section 1349.51 of the Revised Code to | 1 |
prohibit consumer reporting agencies from | 2 |
disclosing certain information obtained from | 3 |
insurer inquiries, and to indemnify licensed | 4 |
resident insurance agents for liability resulting | 5 |
from the use of credit information or insurance | 6 |
scores for an insurance company. | 7 |
Section 1. That section 1349.51 of the Revised Code be | 8 |
enacted to read as follows: | 9 |
Sec. 1349.51. (A) As used in this section: | 10 |
(1) "Consumer report" and "consumer reporting agency" have | 11 |
the same meanings as in the "Fair Credit Reporting Act," 84 Stat. | 12 |
1128 (1970), 15 U.S.C.A. 1681a, as amended. | 13 |
(2) "Licensed resident insurance agent" means any natural | 14 |
person or business entity licensed as a resident insurance agent | 15 |
under section 3905.06 of the Revised Code. | 16 |
(B) No consumer reporting agency shall sell or otherwise | 17 |
furnish any information relative to an individual's insurance | 18 |
coverage that was submitted, in whole or in part, in conjunction | 19 |
with an insurance company's inquiry into an individual's credit | 20 |
history or request for a consumer report. This information | 21 |
includes, but is not limited to, the expiration date of an | 22 |
insurance policy, information that may be used to find a policy's | 23 |
expiration date or approximate expiration date, and the terms and | 24 |
conditions of an insurance policy. | 25 |
(C) Division (B) of this section does not prohibit a consumer | 26 |
reporting agency from furnishing information relative to an | 27 |
individual's insurance coverage to the agent or producer that | 28 |
supplied the information. | 29 |
(D) Division (B) of this section does not prohibit a consumer | 30 |
reporting agency from furnishing information relative to an | 31 |
individual's insurance coverage to an insurance company, the | 32 |
insurer's affiliates, or members of a holding company in which the | 33 |
insurer is a member, if the information was supplied by an agent | 34 |
or producer acting on behalf of the insurer. | 35 |
(E) Nothing in this section shall be construed to prohibit an | 36 |
insurance company from obtaining a claims history or motor vehicle | 37 |
report. | 38 |
(F) An insurance company shall indemnify, defend, and hold | 39 |
harmless its licensed resident insurance agent from and against | 40 |
all liability, damages, fees, and costs arising out of or relating | 41 |
to the actions, errors, or omissions of its licensed resident | 42 |
insurance agent resulting from the use of credit information or | 43 |
insurance scores for the insurance company, provided that its | 44 |
licensed resident insurance agent follows the procedures and | 45 |
instructions established by the insurance company for its licensed | 46 |
resident insurance agent, works within the authority granted by | 47 |
the insurance company to its licensed resident insurance agent, | 48 |
and complies with all applicable laws and regulations. Nothing in | 49 |
this section shall be construed to provide a consumer or insured | 50 |
with a cause of action that does not exist in the absence of this | 51 |
section. | 52 |