NLR 46/11 - Insurance Prohibited Underwriting Regulations under the Insurance Companies Act

NEWFOUNDLAND AND LABRADOR REGULATION 46/11 Insurance Prohibited Underwriting Regulations under the Insurance Companies Act (O.C. 2011-126) (Filed May 10, 2011) Under the authority of section 107 of the Insurance Companies Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. Johns , May 2, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Prohibited use of credit information 4. Prohibited use of credit information, risk classification system 5. Minister's determination Short title 1. These regulations may be cited as the Insurance Prohibited Underwriting Regulations. Back to Top Definitions 2. In these regulations (a) "Act" means the Insurance Companies Act; (b) "credit information" means information about a person's creditworthiness, and includes (i) a persons credit score, (ii) a persons credit based insurance score, (iii) a persons credit rating, and (iv) information about or derived in whole or in part from a persons (A) occupation, (B) previous places of residence, (C) number of dependents, (D) educational or professional qualifications, (E) current or previous places of employment, (F) estimated income, (G) outstanding debt obligations, (H) past debt payment history, (I) cost of living obligations, or (J) assets; and (c) "personal insurance" means a contract of (i) fire insurance, (ii) property insurance, or (iii) both fire insurance and property insurance, the premiums for which would be reported as "Property-Personal" in the Provincial and Territorial Exhibit of Premiums Written in the Annual Return P&C-1 or P&C-2 or that would be reported as "Property-Personal" in those exhibits where the insurance company is not required to use the Annual Return P&C-1 or P&C-2, but which is not considered to be a class of insurance for the purpose of the Act. Back to Top Prohibited use of credit information 3. For the purpose of section 95.2 of the Act, an insurer shall not use credit information to decline to issue, terminate or refuse to renew a contract of personal insurance or refuse to provide or continue coverage or an endorsement with respect to that contract. Back to Top Prohibited use of credit information, risk classification system 4. For the purpose of section 95.3 of the Act, an insurer shall not use credit information in its personal insurance risk classification system. Back to Top Minister's determination 5. Where a question arises as to whether a contract of fire insurance or a contract of property insurance is personal insurance, the minister may determine the question and that determination is final and effective for the purpose of this regulation.