REPRESENTATIVES G. Smith, Gibbs, Schmidt, Schneider, J. Stewart, Seitz

To enact section 1349.51 of the Revised Code to

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prohibit consumer reporting agencies from

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disclosing certain information obtained from

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insurer inquiries, and to indemnify licensed

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resident insurance agents for liability resulting

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from the use of credit information or insurance

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scores for an insurance company.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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:

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(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