1. An insurer that uses information from a consumer credit report shall not:
(a) Use an insurance score that is calculated using income, gender, sexual orientation, gender identity or expression, address, zip code, ethnic group, religion, marital status or nationality of the consumer as a factor, or would otherwise lead to unfair or invidious discrimination.
(b) Deny, cancel or fail to renew a policy on the basis of credit information unless the insurer also considers other applicable underwriting factors that are independent of credit information and not expressly prohibited by this section.
(c) Base renewal rates for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information.
(d) Take an adverse action against an applicant or policyholder based on the applicant or policyholder not having a credit card account unless the insurer also considers other applicable factors independent of credit information.
(e) Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating a policy unless the insurer does any one of the following:
(1) Treats the applicant or policyholder as otherwise approved by the Commissioner, after the insurer presents to the Commissioner information indicating that such an absence or inability relates to the risk for the insurer.
(2) Treats the applicant or policyholder as if the applicant or policyholder had neutral credit information, as defined by the insurer.
(3) Excludes the use of credit information as a factor, and uses only underwriting criteria other than credit information.
(f) Take an adverse action against an applicant or policyholder based on credit information, unless an insurer obtains and uses a consumer credit report issued or an insurance score calculated within 90 days from the date the policy is first written or renewal is issued.
(g) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy:
(1) Credit inquiries not initiated by the applicant or policyholder, or inquiries requested by the applicant or policyholder for his or her own credit information.
(2) Inquiries relating to insurance coverage, if so identified on the consumer credit report.
(3) Collection accounts relating to medical treatment, if so identified on the consumer credit report.
(4) Multiple lender inquiries, if identified on the consumer credit report as being related to home loans or mortgages and made within 30 days of one another, unless only one inquiry is considered.
(5) Multiple lender inquiries, if identified on the consumer credit report as being related to a loan for an automobile and made within 30 days of one another, unless only one inquiry is considered.
2. Except as otherwise provided in this subsection, at the time of the annual renewal of a policyholder’s policy, an insurer that uses information from a consumer credit report shall, upon the request of the policyholder or the policyholder’s agent, reunderwrite and rerate the policy based upon a current consumer credit report or insurance score. An insurer need not, at the request of a policyholder or the policyholder’s agent, recalculate the insurance score of or obtain an updated consumer credit report of the policyholder more frequently than once in any 12-month period.
(Added to NRS by 2003, 2802; A 2017, 1078, 2341)
Structure Nevada Revised Statutes
Chapter 686A - Trade Practices and Frauds; Financing of Premiums
NRS 686A.020 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
NRS 686A.030 - Misrepresentation and false or misleading advertising of policies prohibited.
NRS 686A.040 - False, deceptive or misleading information and advertising prohibited.
NRS 686A.050 - "Twisting" prohibited.
NRS 686A.060 - Replacement of life insurance: Statements required to be given to policyholder.
NRS 686A.100 - Life insurance, annuities and health insurance: Unfair discrimination prohibited.
NRS 686A.140 - Violations concerning rebates and inducements: Penalties; effect.
NRS 686A.160 - Enforcement: Prohibited methods, acts or practices.
NRS 686A.170 - Enforcement: Undefined practices.
NRS 686A.180 - Service of process upon unauthorized insurers.
NRS 686A.185 - Review and finality of Commissioner’s orders.
NRS 686A.187 - Penalties for violating cease and desist order.
NRS 686A.190 - Interlocking ownership or management; serving as director of competing insurers.
NRS 686A.200 - Plan or transaction involving favored agent or insurer prohibited; exception.
NRS 686A.210 - Service and processing charges prohibited.
NRS 686A.240 - Favoritism to groups prohibited; exceptions.
NRS 686A.260 - Revocation or suspension of license for violation of laws of other state.
NRS 686A.270 - Knowledge of insurer of prohibited acts required for violation.
NRS 686A.2815 - "Insurance fraud" defined.
NRS 686A.282 - "Investigative or law enforcement agency" defined.
NRS 686A.291 - Criminal penalty for insurance fraud.
NRS 686A.310 - Unfair practices in settling claims; liability of insurer for damages.
NRS 686A.335 - Applicability of chapter 696B of NRS.
NRS 686A.340 - Engaging in business of company without license prohibited; exception.
NRS 686A.350 - Exemptions from requirement of licensing.
NRS 686A.380 - Renewal of license.
NRS 686A.390 - Approval of forms.
NRS 686A.400 - Records: Maintenance; form of preservation; open to Commissioner.
NRS 686A.410 - Examination of company by Commissioner.
NRS 686A.420 - Contents of agreement.
NRS 686A.430 - Furnishing of completed copy of agreement to insured.
NRS 686A.440 - Interest; service charge; prepayment.
NRS 686A.470 - Return of unearned premium and commission.
NRS 686A.520 - Applicability of other provisions.
NRS 686A.610 - "Adverse action" defined.
NRS 686A.620 - "Affiliate" defined.
NRS 686A.630 - "Consumer credit report" defined.
NRS 686A.640 - "Consumer reporting agency" defined.
NRS 686A.650 - "Credit information" defined.
NRS 686A.660 - "Insurance score" defined.
NRS 686A.680 - Consumer credit reports: Uses; limitations.
NRS 686A.690 - Reunderwriting or rerating of insured; refund of premium.
NRS 686A.700 - Disclosure of use of credit information.
NRS 686A.710 - Notice requirements after taking adverse action.
NRS 686A.720 - Indemnification of agent by insurer.
NRS 686A.730 - Consumer reporting agencies: Prohibitions; exemptions.