A Florida administrative law judge ruled yesterday that the state's Office of Insurance Regulation (OIR) does not have the authority to begin enforcing a rule governing insurers' use of credit information when that rule is still under administrative challenge.

The judge's order prevents OIR from enforcement of the rule, which was scheduled to go into effect last Friday requiring insurers to make filings providing proof that use of credit scores does not have a disparate impact on a group of people defined by race, color, religion, gender or age.

The filings must also include a complete description of the methodology utilized when using credit information and what impact having little or no credit history would have on policyholders, according to Florida Insurance Commissioner Kevin McCarty.

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