Sec. 31.15.11.07. Private Passenger Motor Vehicle Insurance—Obtaining Credit History

A. In General. With respect to private passenger motor vehicle insurance, an insurer or an insurance producer of an insurer may not obtain a credit report, credit score, or other credit history for an applicant unless the insurer or insurance producer obtains a credit report, credit score, or other credit history:

(1) For each applicant of the insurer; or

(2) In accordance with a written standard for determining when to obtain a credit report, credit score, or other credit history that meets the requirements of §B of this regulation.

B. Written Standard. A written standard for determining when to obtain a credit report, credit score, or other credit history shall:

(1) Prohibit obtaining a credit report, credit score, or other credit history based wholly or partly on race, color, creed, sex, religion, national origin, place of residency, blindness, or any other physical handicap or disability of an applicant;

(2) Prohibit obtaining a credit report, credit score, or other credit history for any arbitrary, capricious, or unfairly discriminatory reason;

(3) Require the decision to obtain a credit report, credit score, or other credit history to be reasonably related to the insurer's economic and business purposes; and

(4) Otherwise comply with Insurance Article, §27-501, Annotated Code of Maryland.

C. Filing Information with the Commissioner. At the request of the Commissioner, an insurer shall file with the Commissioner a copy of the insurer's written standard pursuant to Insurance Article, §27-501(h)(2), Annotated Code of Maryland.

D. Confidentiality of Information.

(1) An insurer that submits a written standard to the Commissioner under §C of this regulation may, under Insurance Article, §27-501(h)(4), Annotated Code of Maryland, request a finding by the Commissioner that its written standard be considered a trade secret or confidential commercial information under General Provisions Article, §4-335, Annotated Code of Maryland.

(2) A written standard that is the subject of a confidentiality request shall be considered confidential pending review by the Commissioner.

(3) A finding that information submitted to the Commissioner under this chapter is a trade secret or confidential commercial information under General Provisions Article, §4-335, Annotated Code of Maryland:

(a) Applies only to an application for inspection of a public record under General Provisions Article, Title 4, Annotated Code of Maryland;

(b) Does not apply to a hearing to determine whether an insurer has violated Insurance Article, §27-501, Annotated Code of Maryland; and

(c) Does not excuse an insurer from providing any information necessary to meet its burden of persuasion at the hearing in accordance with Insurance Article, §27-501(g), Annotated Code of Maryland.

(4) If the Commissioner finds that a written standard is not a trade secret or confidential commercial information, the insurer that submitted the written standard may:

(a) Withdraw the written standard; or

(b) Request a hearing on the Commissioner's finding pursuant to Insurance Article, §2-210(a)(2)(ii), Annotated Code of Maryland.

(5) An insurer may not use a written standard that has been withdrawn.