State Codes and Statutes

Statutes > Kansas > Chapter40 > Article51 > Statutes_18346

40-5103

Chapter 40.--INSURANCE
Article 51.--INSURANCE SCORE ACT

      40-5103.   Definitions.As used in this act:

      (a)   "Adverse action" means any of the following in connection with theunderwriting of personal insurance:

      (1)   A denial or cancellation of coverage;

      (2)   anything other than the best possible rate; or

      (3)   a reduction or other adverse or unfavorable change in the terms ofcoverage of any insurance regardless of whether such insurance is in existenceor has been applied for.

      (b)   "Affiliate" means any company that controls, is controlled by, or isunder common control with another company.

      (c)   "Agent" shall have the meaning ascribed to it in subsection (k) ofK.S.A. 2009 Supp.40-4902, and amendments thereto, unless the context requiresotherwise.

      (d)   "Applicant" means an individual who has applied to an insurer to becovered by a personal insurance policy.

      (e)   "Commissioner" means the commissioner of insurance and any authorizeddesignee of the commissioner.

      (f)   "Consumer" means an insured whose credit information is used or whoseinsurance score is calculated in the underwriting or rating of a personalinsurance policy. "Consumer" also includes an applicant for a personalinsurance policy.

      (g)   "Consumer reporting agency" means any person which, for monetary fees,dues, or on a cooperative nonprofit basis, regularly engages, in whole or inpart, in the practice of assembling or evaluating consumer credit informationor other information on consumers for the purpose of furnishing consumerreports to third parties.

      (h)   "Credit information" means any credit related information derived from acredit report, found on a credit report itself, or provided on an applicationfor personal insurance. Credit information shall not include any informationwhich is not credit related, regardless of whether such information iscontained in a credit report or in an application or is used to calculate aninsurance score.

      (i)   "Credit report" means any written, oral, or other communication ofinformation by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing or credit capacity which is used or expected to beused or collected in whole or in part for the purpose of serving as a factor todetermine personal insurance premiums, eligibility for coverage, or tierplacement.

      (j)   "Department" means the insurance department established by K.S.A.40-102 and amendments thereto.

      (k)   "Insurance score" means a number or rating that is derived from analgorithm, computer application, model, or other process that is based, inwhole or in part, on credit information for the purposes of predicting thefuture insurance loss exposure of an individual applicant or insured.

      (l)   "Personal insurance" means private passenger automobile, homeowners,motorcycle, mobile homeowners and non-commercial dwelling fire insurancepolicies and boat, personal water craft, snowmobile and recreational vehiclepolicies. For the strict purposes of this act, personal insurance shall alsoinclude individually underwritten policies of farmowners.

      History:   L. 2003, ch. 88, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article51 > Statutes_18346

40-5103

Chapter 40.--INSURANCE
Article 51.--INSURANCE SCORE ACT

      40-5103.   Definitions.As used in this act:

      (a)   "Adverse action" means any of the following in connection with theunderwriting of personal insurance:

      (1)   A denial or cancellation of coverage;

      (2)   anything other than the best possible rate; or

      (3)   a reduction or other adverse or unfavorable change in the terms ofcoverage of any insurance regardless of whether such insurance is in existenceor has been applied for.

      (b)   "Affiliate" means any company that controls, is controlled by, or isunder common control with another company.

      (c)   "Agent" shall have the meaning ascribed to it in subsection (k) ofK.S.A. 2009 Supp.40-4902, and amendments thereto, unless the context requiresotherwise.

      (d)   "Applicant" means an individual who has applied to an insurer to becovered by a personal insurance policy.

      (e)   "Commissioner" means the commissioner of insurance and any authorizeddesignee of the commissioner.

      (f)   "Consumer" means an insured whose credit information is used or whoseinsurance score is calculated in the underwriting or rating of a personalinsurance policy. "Consumer" also includes an applicant for a personalinsurance policy.

      (g)   "Consumer reporting agency" means any person which, for monetary fees,dues, or on a cooperative nonprofit basis, regularly engages, in whole or inpart, in the practice of assembling or evaluating consumer credit informationor other information on consumers for the purpose of furnishing consumerreports to third parties.

      (h)   "Credit information" means any credit related information derived from acredit report, found on a credit report itself, or provided on an applicationfor personal insurance. Credit information shall not include any informationwhich is not credit related, regardless of whether such information iscontained in a credit report or in an application or is used to calculate aninsurance score.

      (i)   "Credit report" means any written, oral, or other communication ofinformation by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing or credit capacity which is used or expected to beused or collected in whole or in part for the purpose of serving as a factor todetermine personal insurance premiums, eligibility for coverage, or tierplacement.

      (j)   "Department" means the insurance department established by K.S.A.40-102 and amendments thereto.

      (k)   "Insurance score" means a number or rating that is derived from analgorithm, computer application, model, or other process that is based, inwhole or in part, on credit information for the purposes of predicting thefuture insurance loss exposure of an individual applicant or insured.

      (l)   "Personal insurance" means private passenger automobile, homeowners,motorcycle, mobile homeowners and non-commercial dwelling fire insurancepolicies and boat, personal water craft, snowmobile and recreational vehiclepolicies. For the strict purposes of this act, personal insurance shall alsoinclude individually underwritten policies of farmowners.

      History:   L. 2003, ch. 88, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter40 > Article51 > Statutes_18346

40-5103

Chapter 40.--INSURANCE
Article 51.--INSURANCE SCORE ACT

      40-5103.   Definitions.As used in this act:

      (a)   "Adverse action" means any of the following in connection with theunderwriting of personal insurance:

      (1)   A denial or cancellation of coverage;

      (2)   anything other than the best possible rate; or

      (3)   a reduction or other adverse or unfavorable change in the terms ofcoverage of any insurance regardless of whether such insurance is in existenceor has been applied for.

      (b)   "Affiliate" means any company that controls, is controlled by, or isunder common control with another company.

      (c)   "Agent" shall have the meaning ascribed to it in subsection (k) ofK.S.A. 2009 Supp.40-4902, and amendments thereto, unless the context requiresotherwise.

      (d)   "Applicant" means an individual who has applied to an insurer to becovered by a personal insurance policy.

      (e)   "Commissioner" means the commissioner of insurance and any authorizeddesignee of the commissioner.

      (f)   "Consumer" means an insured whose credit information is used or whoseinsurance score is calculated in the underwriting or rating of a personalinsurance policy. "Consumer" also includes an applicant for a personalinsurance policy.

      (g)   "Consumer reporting agency" means any person which, for monetary fees,dues, or on a cooperative nonprofit basis, regularly engages, in whole or inpart, in the practice of assembling or evaluating consumer credit informationor other information on consumers for the purpose of furnishing consumerreports to third parties.

      (h)   "Credit information" means any credit related information derived from acredit report, found on a credit report itself, or provided on an applicationfor personal insurance. Credit information shall not include any informationwhich is not credit related, regardless of whether such information iscontained in a credit report or in an application or is used to calculate aninsurance score.

      (i)   "Credit report" means any written, oral, or other communication ofinformation by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing or credit capacity which is used or expected to beused or collected in whole or in part for the purpose of serving as a factor todetermine personal insurance premiums, eligibility for coverage, or tierplacement.

      (j)   "Department" means the insurance department established by K.S.A.40-102 and amendments thereto.

      (k)   "Insurance score" means a number or rating that is derived from analgorithm, computer application, model, or other process that is based, inwhole or in part, on credit information for the purposes of predicting thefuture insurance loss exposure of an individual applicant or insured.

      (l)   "Personal insurance" means private passenger automobile, homeowners,motorcycle, mobile homeowners and non-commercial dwelling fire insurancepolicies and boat, personal water craft, snowmobile and recreational vehiclepolicies. For the strict purposes of this act, personal insurance shall alsoinclude individually underwritten policies of farmowners.

      History:   L. 2003, ch. 88, § 4; July 1.