2013 New York Consolidated Laws
ISC - Insurance
Article 28 - (2801 - 2809) USE OF CREDIT INFORMATION
2801 - Definitions.


NY Ins L § 2801 (2012) What's This?
 
    §  2801.  Definitions. For the purposes of this article, the following
  terms shall have the following meanings:
    (a) "Adverse action" shall  mean  a  denial  or  cancellation  of,  an
  increase  in  any  charge  for,  or  a  reduction  or  other  adverse or
  unfavorable change in the terms of coverage or amount of, any insurance,
  existing or applied for, in connection with the underwriting of personal
  insurance.
    (b) "Affiliate" shall mean any company that  controls,  is  controlled
  by, or is under common control with another company.
    (c) "Applicant" shall mean an individual who has applied to be covered
  by a personal lines insurance policy with an insurer.
    (d)  "Consumer" shall mean an insured whose credit information is used
  or whose insurance score is calculated in the underwriting or rating  of
  a personal lines insurance policy or an applicant for such a policy.
    (e)  "Consumer  reporting  agency"  shall  mean  any  person  who, for
  monetary fees, dues, or on  a  cooperative  nonprofit  basis,  regularly
  engages  in whole or in part in the practice of assembling or evaluating
  consumer credit information or other information on  consumers  for  the
  purpose of furnishing consumer reports to third parties.
    (f)  "Credit  information"  shall  mean any credit-related information
  derived from a credit report,  found  on  a  credit  report  itself,  or
  provided  on  an  application  for personal lines insurance. Information
  that is not credit-related shall not be considered "credit information",
  regardless of whether it is contained  in  a  credit  report  or  in  an
  application, or is used to calculate an insurance score.
    (g)   "Credit   report"   shall  mean  any  written,  oral,  or  other
  communication of information by a consumer reporting agency bearing on a
  consumer's credit worthiness, credit standing or credit  capacity  which
  is  used or expected to be used or collected in whole or in part for the
  purpose of serving as a factor to  determine  personal  lines  insurance
  premiums, eligibility for coverage, or tier placement.
    (h)  "Insurance  score"  shall mean a number or rating that is derived
  from an algorithm, computer application, model, or other process that is
  based in whole or in part on credit  information  for  the  purposes  of
  predicting the future insurance loss exposure of an individual applicant
  or insured.
    (i)  "Personal lines insurance" shall mean property/casualty insurance
  coverage sold to individuals and families  for  primarily  noncommercial
  purposes.

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