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PARRIS N. GLENDENING, Governor
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Ch. 580
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1. REFUSE TO UNDERWRITE, CANCEL, REFUSE TO RENEW,
OR INCREASE THE RENEWAL PREMIUM BASED, IN WHOLE OR IN PART, ON THE
CREDIT HISTORY OF THE INSURED OR APPLICANT; OR
2. REQUIRE A PARTICULAR PAYMENT PLAN BASED, IN
WHOLE OR IN PART. ON THE CREDIT HISTORY OF THE INSURED OR APPLICANT.
(II) 1. AN INSURER MAY, SUBJECT TO PARAGRAPHS (4) AND (5)
OF THIS SUBSECTION, USE THE CREDIT HISTORY OF AN APPLICANT TO RATE A NEW
POLICY OF PRIVATE PASSENGER MOTOR VEHICLE INSURANCE.
2. FOR PURPOSES OF THIS SUBSECTION, RATING INCLUDES:
A. THE PROVISION OR REMOVAL OF A DISCOUNT;
B. ASSIGNING THE APPLICANT TO A RATING TIER; OR
C. PLACING AN APPLICANT WITH AN AFFILIATED COMPANY.
(4) WITH RESPECT TO PRIVATE PASSENGER MOTOR VEHICLE
INSURANCE, AN INSURER THAT RATES A NEW POLICY BASED, IN WHOLE OR IN PART,
ON THE CREDIT HISTORY OF THE APPLICANT:
(I) MAY NOT USE A FACTOR ON THE CREDIT HISTORY OF THE
APPLICANT THAT OCCURRED MORE THAN 5 YEARS PRIOR TO THE ISSUANCE OF THE
NEW POLICY;
(II) 1. SHALL ADVISE AN APPLICANT AT THE TIME OF
APPLICATION THAT CREDIT HISTORY IS USED; AND
2. SHALL, ON REQUEST OF THE APPLICANT, PROVIDE A
PREMIUM QUOTATION THAT SEPARATELY IDENTIFIES THE PORTION OF THE
PREMIUM ATTRIBUTABLE TO THE APPLICANT'S CREDIT HISTORY:
(III) MAY NOT USE THE FOLLOWING FACTORS IN RATING THE
POLICY:
1. THE ABSENCE OF CREDIT HISTORY OR THE INABILITY TO
DETERMINE THE APPLICANTS CREDIT HISTORY; OR
2. THE NUMBER OF CREDIT INQUIRIES ABOUT AN
APPLICANTS CREDIT HISTORY;
(IV) 1. SHALL REVIEW THE CREDIT HISTORY OF AN INSURED
WHO WAS ADVERSELY IMPACTED BY THE USE OF THE INSUREDS CREDIT HISTORY
AT THE INITIAL RATING OF THE POLICY:
A. EVERY 2 YEARS; OR
B. ON REQUEST OF THE INSURED; AND
2. SHALL ADJUST THE PREMIUM OF AN INSURED WHOSE
CREDIT HISTORY WAS REVIEWED UNDER THIS SUBPARAGRAPH TO REFLECT ANY
IMPROVEMENT IN THE INSURED'S CREDIT HISTORY; OR
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- 4245 -
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