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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) If an insurer takes an adverse action based upon credit information, the insurer shall provide written notification to the consumer a notice that:
(1) An adverse action has been taken, in accordance with the requirements of the federal fair credit reporting act as set forth in, 15 U.S.C. § 1681m(a); and
(2) explains the reason for such adverse action.
(b) Each reason must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take such adverse action. An insurer shall provide a procedure whereby a consumer may review an adverse action based on credit information. Such procedure shall be consistent with the provisions of K.S.A. 40-2,112, and amendments thereto. The insurer and the insurer's agent shall be immune from any action arising from information provided to the insured through such process. The insurer shall not be found in violation of rate filings by adjusting an insured's rate in such a manner.
(c) The use of generalized terms such as “poor credit history,” “poor credit rating,” or “poor insurance score” shall be deemed not to comply with requirements of this section.
Cite this article: FindLaw.com - Kansas Statutes Chapter 40. Insurance § 40-5107. Adverse action; notice to consumer, contents - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-40-insurance/ks-st-sect-40-5107/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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