General Insurance PrinciplesQuestion 251 of 531

An insurer declines an application partly on the strength of information in a consumer report. The Fair Credit Reporting Act then requires the insurer to:

a.tell the applicant of the adverse action and name the agency
b.correct the information in dispute before it declines the applicant
c.mail the applicant a free copy of the consumer report
d.get the applicant's written consent before ordering it

Explanation

When a consumer report contributes to an adverse decision such as a declination or a higher rate, the insurer must give the consumer an adverse-action notice identifying the reporting agency and explaining the right to obtain a copy and to dispute what it says. The agency, not the insurer, supplies the report to the consumer. Underwriting is a permissible purpose, so a separate written permission is not what the act demands here.

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