Subdivision 1. Additional information required. An insurer, insurance agent, or insurance-support organization must not seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by a person, or any previous insurance coverage obtained by a person through a residual market mechanism, unless the inquiry also requests the reasons for the previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.
Subd. 2. Prohibitions. An insurer or insurance agent may not base an adverse underwriting decision, in whole or in part, on:
(1) the fact of a previous adverse underwriting decision or the fact that a person previously obtained insurance coverage through a residual market mechanism, provided that an insurer or insurance agent may base an adverse underwriting decision on further information obtained from an insurer or insurance agent responsible for a previous adverse underwriting decision; or
(2) personal information received from an insurance-support organization whose primary source of information is insurers, provided that an insurer or insurance agent may base an adverse underwriting decision on further personal information obtained as the result of information received from the insurance-support organization.
1989 c 316 s 12
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 72A — Insurance Industry Trade Practices
Section 72A.02 — Violations As To Policies Of Insurance.
Section 72A.03 — Agent Of Insurer; Procuring Premiums By Fraud.
Section 72A.04 — False Statements In Application.
Section 72A.05 — Failure To Make Report Or Comply With Law.
Section 72A.061 — Mandatory Filings; Failure To Comply; Penalties.
Section 72A.07 — Violations Of Laws Relating To Agents, Penalties.
Section 72A.09 — Violations Where Offense Is Not Specifically Designated.
Section 72A.10 — Failure To Appear Or Obstructing Commissioner.
Section 72A.11 — Complainant Entitled To One-half Of Fine In Certain Cases.
Section 72A.12 — Life Insurance.
Section 72A.125 — Rental Vehicle Personal Accident Insurance; Special Requirements.
Section 72A.13 — Accident And Health Insurance, Violations Of Certain Sections.
Section 72A.135 — Failure To Follow Dividend And Pricing Policy; Penalties.
Section 72A.139 — Use Of Genetic Tests.
Section 72A.15 — Penalty For Violation Of Law Providing For Insurance In Unlicensed Companies.
Section 72A.16 — Mutual Companies.
Section 72A.17 — Purpose Of Sections 72a.17 To 72a.32.
Section 72A.19 — Unfair Methods And Unfair Or Deceptive Acts And Practices.
Section 72A.20 — Methods, Acts, And Practices Which Are Defined As Unfair Or Deceptive.
Section 72A.201 — Regulation Of Claims Practices.
Section 72A.2031 — Definitions.
Section 72A.2032 — Duties Of Insurers And Insurance Producers.
Section 72A.2033 — Insurance Producer Training.
Section 72A.2035 — Record Keeping.
Section 72A.2036 — Relationship To Other Laws; Enforcement.
Section 72A.204 — Prohibited Uses Of Senior-specific Certifications And Professional Designations.
Section 72A.207 — Graded Death Benefits.
Section 72A.21 — Power Of Commissioner.
Section 72A.22 — Hearing; Witnesses; Production Of Books.
Section 72A.25 — Unfair Competition.
Section 72A.26 — Intervention.
Section 72A.285 — Claim For Insurance Benefits; Release Of Summary Information.
Section 72A.29 — Concurrent Remedies.
Section 72A.30 — Evidential Privilege Denied; Immunity; Waiver.
Section 72A.31 — Certain Acts Deemed Unfair Method Of Competition.
Section 72A.32 — Violations, Procedure.
Section 72A.325 — Insurance For Funeral Or Burial Expense; Freedom Of Choice.
Section 72A.328 — Affinity Group.
Section 72A.33 — Purpose Of Act, Construction.
Section 72A.35 — Notice To Domiciliary Supervisory Official.
Section 72A.36 — Action By Commissioner.
Section 72A.37 — Service Upon Unauthorized Insurer.
Section 72A.38 — Severability.
Section 72A.41 — Transacting Business Without Certificate Of Authority.
Section 72A.42 — Enforcement Authority.
Section 72A.43 — Service Of Process Upon Unauthorized Company By Commissioner.
Section 72A.491 — Definitions.
Section 72A.493 — Obtaining Information By Improper Means.
Section 72A.495 — Marketing And Research Surveys.
Section 72A.496 — Investigative Consumer Reports.
Section 72A.497 — Access To Personal Information.
Section 72A.498 — Correction, Amendment, Or Deletion Of Personal Information.
Section 72A.499 — Reasons For Adverse Underwriting Decisions.
Section 72A.50 — Previous Adverse Underwriting Decisions.
Section 72A.501 — Disclosure Authorization.
Section 72A.502 — Disclosure Of Information; Limitations And Conditions.
Section 72A.503 — Private Remedies.
Section 72A.504 — Obtaining Information Under Improper Means.