(1)  For purposes of this section:

Terms Used In Utah Code 31A-22-320

  • Agency: means :
(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Motor vehicle: means the same as that term is defined in Section 41-6a-102. See Utah Code 31A-22-301
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  “Credit information” means:

    (i)  a consumer report;

    (ii)  a credit score;

    (iii)  any information obtained by the insurer from a consumer report;

    (iv)  any part of a consumer report; or

    (v)  any part of a credit score.

    (b) 

    (i)  Except as provided in Subsection (1)(b)(ii), “consumer report” is as defined in 15 U.S.C. § 1681a.

    (ii)  “Consumer report” does not include:

    (A)  a motor vehicle record obtained from a state or an agency of a state; or

    (B)  any information regarding an applicant’s or insured‘s insurance claim history.

    (c) 

    (i)  “Credit score” means a numerical value or a categorization that is:

    (A)  derived from information in a consumer report;

    (B)  derived from a statistical tool or modeling system; and

    (C)  developed to predict the likelihood of:

    (I)  future insurance claims behavior; or

    (II)  credit behavior.

    (ii)  “Credit score” includes:

    (A)  a risk predictor; or

    (B)  a risk score.

    (iii)  A numerical value or a categorization described in Subsection (1)(c)(i) is a credit score if it is developed to predict the behavior described in Subsection (1)(c)(i)(C) regardless of whether it is developed to predict other factors in addition to predicting the behavior described in Subsection (1)(c)(i)(C).

    (d)  “Motor vehicle related insurance policy” means:

    (i)  a motor vehicle liability policy;

    (ii)  a policy that contains uninsured motorist coverage;

    (iii)  a policy that contains underinsured motorist coverage;

    (iv)  a policy that contains property damage coverage under this part; or

    (v)  a policy that contains personal injury coverage under this part.

    (2)  An insurer that issues a motor vehicle related insurance policy:

    (a)  except as provided in Subsection (2)(b), may not use credit information for the purpose of determining for the motor vehicle related insurance policy:

    (i)  renewal;

    (ii)  nonrenewal;

    (iii)  termination;

    (iv)  eligibility;

    (v)  underwriting; or

    (vi)  rating; and

    (b)  notwithstanding Subsection (2)(a), may use credit information for the purpose of:

    (i)  if risk related factors other than credit information are considered, determining initial underwriting; or

    (ii)  providing to an insured:

    (A)  a reduction in rates paid by the insured for the motor vehicle related insurance policy; or

    (B)  any other discount similar to the reduction in rates described in Subsection (2)(b)(ii)(A).

    (3)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may make rules necessary to enforce this section.

    Amended by Chapter 382, 2008 General Session