Title 26.1 — Insurance
118 chapters · 1,472 sections in this title.
N.D.C.C. § 26.1-25.1-01 Scope
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This chapter applies to personal insurance and does not apply to commercial insurance.
N.D.C.C. § 26.1-25.1-02 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Adverse action" means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied fo…
N.D.C.C. § 26.1-25.1-03 Use of credit information
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An insurer authorized to do business in this state which uses credit information to underwrite or rate risks may not: 1. Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a …
N.D.C.C. § 26.1-25.1-04 Dispute resolution and error correction
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If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act [Pub. L. 90-321; 15 U.S.C. 1681i(a)(5)] that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determinat…
N.D.C.C. § 26.1-25.1-05 Initial notification
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1. If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or the insurer's agent shall disclose, either on the insurance application or at the time the insurance application is taken, that the insurer or the insurer's ag…
N.D.C.C. § 26.1-25.1-06 Adverse action notification
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If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of this section. The insurer shall: 1. Provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal…
N.D.C.C. § 26.1-25.1-07 Filing
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1. An insurer that uses insurance scores to underwrite or rate risks shall file the insurer's scoring models or other scoring processes with the insurance department. A third party may file scoring models on behalf of an insurer. A filing that includes insurance scoring must incl…
N.D.C.C. § 26.1-25.1-08 Indemnification
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An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of a producer who obtains or uses credit information or insurance scores for an insurer, provided the produ…
N.D.C.C. § 26.1-25.1-09 Sale of policy term information by consumer reporting agency
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1. A consumer reporting agency may not provide or sell data or lists that include any information that in whole or in part 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 inform…
N.D.C.C. § 26.1-25.1-10 Severability
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If any provision of this chapter is declared invalid due to an interpretation of or a future change in the federal Fair Credit Reporting Act [Pub. L. 90-321; 15 U.S.C. 1681 et seq.], the remaining provisions of this chapter are not affected and remain in effect.
N.D.C.C. § 26.1-25.1-11 Application
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This chapter applies to personal insurance policies either written to be effective or renewed after April 30, 2004.