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To enact sections 1349.04 and 1349.51 of the Revised | 1 |
Code to require consumer reporting agencies to | 2 |
furnish consumers with one free consumer report | 3 |
per calendar year, to prohibit consumer reporting | 4 |
agencies from disclosing certain information | 5 |
obtained from insurer inquiries, and to indemnify | 6 |
insurance agents who obtain or use credit | 7 |
information or insurance scores for an insurer. | 8 |
Section 1. That sections 1349.04 and 1349.51 of the Revised | 9 |
Code be enacted to read as follows: | 10 |
Sec. 1349.04. (A) As used in this section, "consumer," | 11 |
"consumer report," and "consumer reporting agency that compiles | 12 |
and maintains files on consumers on a nationwide basis" have the | 13 |
same meanings as in the "Fair Credit Reporting Act," 84 Stat. 1128 | 14 |
(1970), 15 U.S.C.A. 1681a, as amended. | 15 |
(B) Each consumer reporting agency that compiles and | 16 |
maintains files on consumers on a nationwide basis shall furnish, | 17 |
upon request and without charge, to any consumer who has provided | 18 |
an appropriate verification of the consumer's identity, one | 19 |
complete consumer report per calendar year. | 20 |
Sec. 1349.51. (A) As used in this section, "consumer report" | 21 |
and "consumer reporting agency" have the same meanings as in the | 22 |
"Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.A. | 23 |
1681a, as amended. | 24 |
(B) No consumer reporting agency shall sell or otherwise | 25 |
furnish a consumer report containing any information relative to | 26 |
an individual's insurance coverage that was submitted, in whole or | 27 |
in part, in conjunction with an insurance company's inquiry into | 28 |
an individual's credit history or request for a consumer report. | 29 |
This information includes, but is not limited to, the expiration | 30 |
date of an insurance policy, information that may be used to find | 31 |
a policy's expiration date or approximate expiration date, and the | 32 |
terms and conditions of an insurance policy. | 33 |
(C) Division (B) of this section does not prohibit a consumer | 34 |
reporting agency from furnishing information relative to an | 35 |
individual's insurance coverage to the agent or producer that | 36 |
supplied the information. | 37 |
(D) Division (B) of this section does not prohibit a consumer | 38 |
reporting agency from furnishing information relative to an | 39 |
individual's insurance coverage to an insurance company, the | 40 |
insurer's affiliates, or members of a holding company in which the | 41 |
insurer is a member, if the information was supplied by an agent | 42 |
or producer acting on behalf of the insurer. | 43 |
(E) Nothing in this section shall be construed to prohibit an | 44 |
insurance company from obtaining a claims history or motor vehicle | 45 |
report. | 46 |
(F) An insurance company shall indemnify, defend, and hold | 47 |
harmless a licensed insurance agent from and against all | 48 |
liability, fees, and costs arising out of or relating to the | 49 |
actions, errors, or omissions of an insurance agent who obtains or | 50 |
uses credit information or insurance scores for the insurer, | 51 |
provided that the insurance agent follows the procedures and | 52 |
instructions established by the insurance company and complies | 53 |
with all applicable laws and regulations. Nothing in this section | 54 |
shall be construed to provide a consumer or insured with a cause | 55 |
of action that does not exist in the absence of this section. | 56 |