Kansas Statutes 40-5111. Prohibition against use of certain information; exceptions
Terms Used In Kansas Statutes 40-5111
- Consumer: means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy. See Kansas Statutes 40-5103
- Consumer reporting agency: means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. See Kansas Statutes 40-5103
- Credit information: means any credit related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. See Kansas Statutes 40-5103
- Insurance score: means a number or rating that is derived from an algorithm, computer application, model, or other process that is based, in whole or in part, on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured. See Kansas Statutes 40-5103
(a) No consumer reporting agency shall provide or sell data or lists that include any information, in whole or in part, which was submitted in conjunction with an insurance inquiry about a consumer’s credit information or a request for a credit report or insurance score. Such information includes, but is not limited to:
(1) The expiration date of an insurance policy or any other information that may identify any time period during which a consumer’s insurance may expire; and
(2) the terms and conditions of the consumer’s insurance coverage.
(b) The restrictions provided in subsection (a) of this section do not apply to:
(1) Any data or list the consumer reporting agency supplies to the insurance agent from whom information was received;
(2) the insurer for whom such agent acted; or
(3) such insurer’s affiliates or holding companies.
(c) Nothing in this section shall be construed to prohibit or restrict any insurer from obtaining a claims history report or a motor vehicle report.