SECTION 5.9940. Disclosure Form Required Concerning Use of Credit Information

(a) This subchapter applies to an insurer that writes personal insurance coverage and uses credit information or credit reports for the underwriting or rating of that coverage.

(b) The definitions adopted under Insurance Code Article 21.49-2U apply to this subchapter.

(c) The commissioner adopts by reference disclosure form, Form CD-1, which may be obtained from the department's website at www.tdi.state.tx.us or from the Automobile/Homeowners Section, Mail Code 104-1A, Texas Department of Insurance 333 Guadalupe, P.O. Box 149104 Austin, Texas 78714-9104.

(d) In accordance with Section 7(d) of Article 21.49-2U, Insurance Code, an insurer subject to this subchapter or its agents shall issue Form CD-1 indicating whether or not credit information pertaining to the applicant or the insured or other household member(s) will be obtained and used as part of the insurance credit scoring process.

(e) An insurer may use a disclosure form that:

(1) is allowed or approved for use in another state, and

(2) complies with all requirements of this section and Form CD-1.

(f) The disclosure form, unless identical to Form CD-1, must be filed prior to use with the Texas Department of Insurance, Property & Casualty Intake Unit, Mail Code 104-3B, P.O. Box 149104, Austin, Texas 78714-9104 or with the Texas Department of Insurance, Property & Casualty Intake Unit, 333 Guadalupe, Austin, Texas 78701.

(g) The written disclosure shall:

(1) contain the name, address and telephone number (toll-free if available) of the insurer;

(2) contain a statement indicating that if credit information is obtained or used, the insurer shall provide more detailed information concerning how the credit information was used to underwrite or rate the policy. This detailed information may be provided in the disclosure form itself;

(3) be printed in reasonably conspicuous type;

(4) be provided by the insurer or the agent electronically, by U.S. mail or by hand delivery;

(5) be provided to the applicant with the application or immediately upon receipt of a complete application, but no later than ten days after receipt of the complete application;

(6) be provided to insureds at renewal if credit information will be obtained and used as part of the insurance credit scoring process;

(7) be written in English and be provided to the applicant or insured in Spanish, if requested; and

(8) contain the summary of consumer protections set forth in Insurance Code Article 21.42-2U as provided in Form CD-1, including information on prohibited use of credit information, negative factors, effect of extraordinary events, dispute resolution, error correction and notice of action resulting in adverse effect.

(h) Insurers are subject to all other disclosure requirements in Insurance Code Article 21.49-2U.

Source Note: The provisions of this §5.9440 adopted to be effective November 30, 2003, 28 TexReg 10765