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Insurers Prevail in Credit Scoring Dispute

When it comes regulatory infighting between the insurance community and policymakers, the general rule is that when in doubt, declare victory. For once, however, the industry seems justified in

By Michael H. Adams | Updated on January 31, 2007

When it comes regulatory infighting between the insurance community and policymakers, the general rule is that when in doubt, declare victory. For once, however, the industry seems justified in taking a victory lap after an administrative law judge ruled that the Office of Insurance Regulation’s rule on the use of credit reports is invalid.

The judge’s ruling largely centered on the fact that the rule doesn’t define what constitutes “unfair discrimination” nor how to determine whether a class of individuals suffered a “disparate impact” by the use of credit reports with respect to race, martial status, age, and other factors. As stated by Administrative Law Judge Lawrence P. Stevenson, “The proposed rule’s definitional failures would grant (the Office of Insurance Regulation) unchecked authority to reject rate filings as ‘unfairly discriminatory,’ in derogation of the state’s provision that the (Financial Services Commission) adopt ‘standards.’”

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