Office of Insurance Regulation Hearing re Using Credit Scoring for Rating Purposes 8/08/06
Jan 14, 2007
On Tuesday and Wednesday of this week, an administrative hearing was held in connection with a petition filed by certain representatives of the insurance industry challenging a rule promulgated by the Office of Insurance Regulation (OIR) which would severely limit an insurer’s ability to use credit scoring for rating purposes. The rule places the burden on insurers to demonstrate that the use of credit scores in a rate filing does not discriminate against individuals based on race, color, religion, martial status, age, gender, place of residence or income. Administrative Law Judge Lawrence Stevenson presided over the hearing.
Judge Stevenson opened the proceedings and framed the issues to be resolved as the following:
Do petitioners have standing to challenge the rule?
Is the rule an invalid exercise of legislative authority by the agency?
Can OIR implement the rule beginning September 1, 2006?
Petitioners argued that the rule is an invalid exercise of legislative authority; that it is arbitrary and capricious; that it contravenes other provisions of the Insurance Code; and that it is overly vague. They argued that OIR’s definition of “discriminatory” effectively bans the use of credit scores in Florida since it makes it impossible for insurers to comply with the rule, and that such a ban contravenes other provisions of the Insurance Code that permit the use of credit reports, subject to certain limitations, as an underwriting tool. OIR countered by arguing that they did not intend to prohibit credit scoring, but rather to limit the use of credit scores when it causes discrimination.
Judge Stevenson did notdecide this matter. Both parties will furnish the Judge additional memoranda in support of their respective positions on the issues. We will continue to monitor developments in this case and will provide updates accordingly.
Regards,
Fred E. Karlinsky