CHAPTER 214
SENATE CONCURRENT RESOLUTION No. 1623
A Concurrent Resolution requesting the Kansas commissioner of
insurance to study
the use of insurance scoring reports within the insurance industry
and the need for
additional regulation, if any.
WHEREAS, Insurance is an essential
economic tool to protect the
assets of Kansas residents and property owners; and
WHEREAS, Insurance companies are now
using insurance scores in
the underwriting of all types of personal and commercial insurance;
and
WHEREAS, There is extensive evidence
that a person's credit is an
accurate predictor of their future loss probability; and
WHEREAS, Insurance consumers deserve to
know and understand
the impact their credit and insurance score has on the availability
and
affordability of their coverage; and
WHEREAS, Insurance consumers need to
know that an insurance
score will be used and to understand how they can positively impact
their
insurance score; and
WHEREAS, The public policy of the State
of Kansas may dictate that
certain limitations need to be placed on the use of insurance
scoring such
as prohibiting use of scores on an individual's or business'
insurance re-
newal, prohibiting use of scores as the sole factor considered or
prohib-
iting use of scores that are in a legitimate dispute; and
WHEREAS, The Kansas Insurance Department
may need the au-
thority to require the filing of credit or insurance scoring models
with
protection from public disclosure of proprietary information to
allow the
department to monitor their proper application: Now, therefore,
Be it resolved by the Senate of the State
of Kansas, the House of Rep-
resentatives concurring therein: That a task force be
formed consisting
of 15 members to include one member appointed by the president of
the
senate; one member appointed by the minority leader of the senate;
one
member appointed by the speaker of the house of representatives;
one
member appointed by the minority leader of the house of
representatives;
the insurance commissioner or the commissioner's designee; one
person
representing a domestic property and casualty insurance company
and
one person representing a foreign property and casualty insurance
com-
pany appointed by the insurance commissioner from a list submitted
by
the Kansas Association of Property and Casualty Insurance
Companies;
one person representing a property and casualty insurance company
ap-
pointed by the insurance commissioner from a list submitted by
the
America Insurance Association, one person representing a property
and
casual insurance company appointed by the insurance commissioner
from
a list submitted by the National Association of Independent
Insurers; one
person representing a property and casualty insurance company
ap-
pointed by the insurance commissioner from a list submitted by the
Al-
liance of American Insurers; one person representing a property and
ca-
sualty insurance company appointed by the insurance commissioner
from
a list submitted by the National Association of Mutual Insurance
Com-
panies; two members representing the licensed Kansas insurance
agents
appointed by the insurance commissioner from a list submitted by
the
Kansas Association of Insurance Agents; and two members appointed
by
the governor representing the consumer interests. The governor
shall
appoint the chairperson and vice chairperson from the membership
of
the committee. The chairperson and vice chairperson shall not be of
the
same political party. No task force member shall receive any
compensa-
tion, subsistence, mileage or other allowances for serving on the
task force
or attending any meeting thereof. The task force shall conduct a
study of
the desirability of regulation of insurance scoring practices for
the benefit
of Kansas consumers; and
Be it further resolved: That a
report containing the results of such
study and the task force's recommendations and conclusions
emanating
therefrom be transmitted to the speaker of the house of
representatives,
the president of the senate, the chair of the house committee on
insur-
ance, and the chair of the senate committee on financial
institutions and
insurance no later than the convening of the 2003 Kansas
legislature; and
Be it further resolved: That the
secretary of state transmit an enrolled
copy of this resolution to the commissioner of insurance.
Adopted by the House May 8, 2002.
Adopted by the Senate
May 9, 2002.
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