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SENATE DOCKET, NO. 754         FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 461

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael J. Rodrigues

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act banning the use of certain socio-economic factors for insurance underwriting and rating of motor vehicle liability insurance..

_______________

PETITION OF:

 

Name:

District/Address:

Michael J. Rodrigues

 

Patricia A. Haddad

5th Bristol

Frederick E. Berry

 

Karen E. Spilka

 

Benjamin B. Downing

Berkshire, Hampshire, and Franklin

Michael O. Moore

 

Thomas P. Kennedy

 

Michael R. Knapik

 

Marc R. Pacheco

 

Katherine M. Clark

Middlesex and Essex

Kenneth J. Donnelly

 

Gale D. Candaras

 

James B. Eldridge

 

James T. Welch

 

Paul J. Donato

35th Middlesex

Steven M. Walsh

11th Essex

Bradley H. Jones, Jr.

20th Middlesex

Viriato Manuel deMacedo

1st Plymouth

Thomas A. Golden, Jr.

16th Middlesex

David B. Sullivan

6th Bristol

James J. Dwyer

30th Middlesex

Cory Atkins

14th Middlesex

F. Jay Barrows

1st Bristol

Christopher N. Speranzo

3rd Berkshire

James Arciero

2nd Middlesex

Timothy R. Madden

Barnstable, Dukes and Nantucket

Linda Campbell

15th Essex

Kevin J. Kuros

8th Worcester

Angelo J. Puppolo, Jr.

12th Hampden

Thomas J. Calter

12th Plymouth

Elizabeth A. Malia

11th Suffolk

Nicholas A. Boldyga

3rd Hampden

Dennis A. Rosa

4th Worcester

Cheryl A. Coakley-Rivera

10th Hampden

John P. Fresolo

16th Worcester

Michael F. Kane

5th Hampden

Steven S. Howitt

4th Bristol

Angelo L. D'Emilia

8th Plymouth

James J. Lyons, Jr.

18th Essex

Bruce J. Ayers

1st Norfolk

Elizabeth A. Poirier

14th Bristol

Colleen M. Garry

36th Middlesex

John H. Rogers

12th Norfolk

Stephen L. DiNatale

3rd Worcester

James M. Murphy

4th Norfolk

David Paul Linsky

5th Middlesex

James R. Miceli

19th Middlesex

John W. Scibak

2nd Hampshire

Stephen R. Canessa

12th Bristol

Geraldine M. Creedon

11th Plymouth

Anne M. Gobi

5th Worcester

Michael J. Finn

6th Hampden

Peter V. Kocot

1st Hampshire

Alice Hanlon Peisch

14th Norfolk

Thomas M. Stanley

9th Middlesex

Stephen Kulik

1st Franklin

William Smitty Pignatelli

4th Berkshire

John J. Binienda

17th Worcester

Kimberly N. Ferguson

1st Worcester

Susan Williams Gifford

2nd Plymouth

Sheila C. Harrington

1st Middlesex

Louis L. Kafka

8th Norfolk

Benjamin Swan

11th Hampden

Kevin Aguiar

7th Bristol

Donald F. Humason, Jr.

4th Hampden

Sarah K. Peake

4th Barnstable


SENATE DOCKET, NO. 754        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 461

[Pin Slip]

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1024 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act banning the use of certain socio-economic factors for insurance underwriting and rating of motor vehicle liability insurance..
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1.  Chapter 175 of the General Laws is hereby amended by inserting after Section 4C, as appearing in the 2006 official edition, the following section:-

              Section 4D.  No insurer, engaged in writing motor vehicle liability insurance in the commonwealth, shall in connection with underwriting of said insurance, shall refuse to issue or renew a motor vehicle liability policy or bond or any other insurance based on the ownership or operation of a motor vehicle based upon credit information, including but not limited to a numerical credit-based insurance score, other credit rating of an insured, or education or occupation or any other information or factors that would be considered as proxies for credit scores, education or occupation; and provided, further, no insurer shall file rates, pursuant to chapter 175E, based on credit information, including but not limited to a numerical credit-bases insurance score, other credit rating of an applicant or insured, or the education or occupation of the insured or any other information or factors that would be considered as proxies for credit scores, education or occupation.

              SECTION 2.  Section 113B of said chapter 175, as so appearing in the 2006 official edition, is hereby amended by adding the following paragraph:- The commissioner shall not fix or establish any rates, premium charges, premium adjustments, or classifications of risks based in whole or in part on credit information relating to an insured, including but not limited to a numerical credit based insurance score, other credit rating of an insured, or education or occupation or any other information or factors that would be considered as proxies for credit scores, education or occupation; and provided, further, that no insurer, in connection with underwriting motor vehicle liability insurance or bonds on any other insurance based on the ownership or operation of a motor vehicle, shall refuse to issue or renew said insurance or bond based upon credit information, including but not limited to a numerical credit-based insurance score, other credit rating of an insured or applicant, or education or occupation, or any other information or factors that would be considered as proxies for credit scores, education or occupation.

              SECTION 3. Subsection (a) of section 5 of chapter 175A of the General Laws, as so appearing in the 2006 Official Editions, is hereby amended by striking out subdivision 4. and inserting in place thereof the following subdivision:-

              4. Rates shall not be excessive, inadequate or unfairly discriminatory and shall not be based in part or in whole on credit information relating to an insured, including but not limited to a numerical credit-based insurance score, other credit rating of an insured, or education or occupation or any other information or factors that would be considered as proxies for credit scores, education or occupation.

              SECTION 4. Section 4 of chapter 175E of the General Laws, as so appearing in the 2006 Official Edition, inserting after the work "discriminatory", in line 5, the following words:- and shall not be based in whole or in part on any credit information relating to an insured, including but not limited to, a numerical credit-based insurance score, other credit rating of an insured, or education or occupation, or any other information or factors that would be considered as proxies for credit scores, education or occupation; and provided, further, that no insurer, in connection with underwriting motor vehicle liability insurance or bonds or any other insurance based on the ownership or operation of a motor vehicle, shall refuse to issue or renew said insurance or bond based upon credit information, including but not limited to a numerical credit-based insurance score, other credit rating of an insured or applicant, or education or occupation or any other information or factors that would be considered as proxies for credit scores, education or occupation.

              SECTION 5. Section 3 of chapter 176D of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting after the word "sections", in line 170, the following words:- four D

              SECTION 6. Section 51 of chapter 93 subsections (a) (3) (iii) is hereby deleted.             

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