1 Statement of Purpose. The general court finds that the use of credit information in underwriting and rating personal automobile and homeowners insurance policies can result in unfair discrimination against consumers and that certain surveillance practices by insurers infringe on the privacy rights of property owners. The purpose of this act is to prohibit such uses and practices to protect New Hampshire consumers.

2 New Section; Use of Credit Information Prohibited. Amend RSA 412 by inserting after section 15 the following new section:

412:15-a Use of Credit Information Prohibited.

I. Notwithstanding any other provision of law, no insurer or insurance producer may use an applicant's or insured's credit history, credit score, or any consumer report or information derived from a consumer report as a factor in underwriting, rating, renewing, cancelling, or declining to issue a policy of personal automobile insurance or homeowners insurance.

II. For the purposes of this section:

(a) "Consumer report" shall have the same meaning as in RSA 359-B:3, IV.

(b) "Credit history" or "credit score" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for insurance.

III. Any violation of this section shall be deemed an unfair method of competition and an unfair and deceptive act or practice in the business of insurance under RSA 417:4.

3 Unfair Insurance Trade Practices. Amend RSA 417:4, VIII(g) to read as follows:

(g) Charging a higher premium for private passenger automobile or homeowner insurance solely on the basis of information obtained from a credit rating, a credit history, or a credit scoring model.

4 New Sections; Unfair Insurance Trade Practices; Surveillance by Drones, Satellites, and Commercial Imagery Prohibited. Amend RSA 417 by inserting after section 4 the following new section:

417:4-a Use of Drone Surveillance Prohibited.

I. No insurer or insurance producer shall use any unmanned aerial vehicle or drone to conduct surveillance, inspection, or observation of private property for the purpose of underwriting, rating, renewing, cancelling, or declining to issue a policy of homeowners insurance without the express written permission of the property owner.

II. An insurer or insurance producer shall not coerce, induce, or condition the issuance, renewal, or continuation of a homeowners insurance policy, or the setting of rates, on the property owner's granting of permission for drone surveillance. Such coercion includes, but is not limited to, threatening to decline coverage, cancel an existing policy, or increase premiums if permission is not granted.

III. Any permission granted under paragraph I shall be voluntary, revocable at any time, and limited to the specific purpose and duration stated in the written agreement.

IV. Any violation of this section shall be deemed an unfair method of competition and an unfair and deceptive act or practice in the business of insurance under RSA 417:4.

417:4-b Use of Satellite or Commercial Imagery Prohibited.

I. No insurer or insurance producer shall use any satellite imagery, aerial photography, or other commercial observation or surveillance products, including but not limited to Google Earth or similar services, as a basis to increase premiums, cancel, or decline to renew a policy of homeowners insurance.

II. This section shall not prohibit the use of such imagery or products for general risk assessment purposes that do not target specific properties or result in adverse actions against individual policyholders.

III. Any violation of this section shall be deemed an unfair method of competition and an unfair and deceptive act or practice in the business of insurance under RSA 417:4.

5 Repeal. RSA 412:15, III, relative to the use of credit reports, credit histories, and credit scoring models for purposes of underwriting and rate setting for automobile and homeowner insurance policies, is repealed.

6 Effective Date. This act shall take effect 180 days after its passage.

1 Statement of Purpose. The general court finds that the use of credit information in underwriting and rating personal automobile and homeowners insurance policies can result in unfair discrimination against consumers and that certain surveillance practices by insurers infringe on the privacy rights of property owners. The purpose of this act is to prohibit such uses and practices to protect New Hampshire consumers.

2 New Section; Use of Credit Information Prohibited. Amend RSA 412 by inserting after section 15 the following new section:

412:15-a Use of Credit Information Prohibited.

I. Notwithstanding any other provision of law, no insurer or insurance producer may use an applicant's or insured's credit history, credit score, or any consumer report or information derived from a consumer report as a factor in underwriting, rating, renewing, cancelling, or declining to issue a policy of personal automobile insurance or homeowners insurance.

II. For the purposes of this section:

(a) "Consumer report" shall have the same meaning as in RSA 359-B:3, IV.

(b) "Credit history" or "credit score" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for insurance.

III. Any violation of this section shall be deemed an unfair method of competition and an unfair and deceptive act or practice in the business of insurance under RSA 417:4.

3 Unfair Insurance Trade Practices. Amend RSA 417:4, VIII(g) to read as follows:

(g) Using an applicant 's or insured's credit history, credit score, or any consumer report or information derived from a consumer report as a factor in underwriting, rating, renewing, cancelling, or declining to issue a policy of personal automobile insurance or homeowners insurance.

4 New Sections; Unfair Insurance Trade Practices; Surveillance by Drones, Satellites, and Commercial Imagery Prohibited. Amend RSA 417 by inserting after section 4 the following new section:

417:4-a Use of Drone Surveillance Prohibited.

I. No insurer or insurance producer shall use any unmanned aerial vehicle or drone to conduct surveillance, inspection, or observation of private property for the purpose of underwriting, rating, renewing, cancelling, or declining to issue a policy of homeowners insurance without the express written permission of the property owner.

II. An insurer or insurance producer shall not coerce, induce, or condition the issuance, renewal, or continuation of a homeowners insurance policy, or the setting of rates, on the property owner's granting of permission for drone surveillance. Such coercion includes, but is not limited to, threatening to decline coverage, cancel an existing policy, or increase premiums if permission is not granted.

III. Any permission granted under paragraph I shall be voluntary, revocable at any time, and limited to the specific purpose and duration stated in the written agreement.

IV. Any violation of this section shall be deemed an unfair method of competition and an unfair and deceptive act or practice in the business of insurance under RSA 417:4.

417:4-b Use of Satellite or Commercial Imagery Prohibited.

I. No insurer or insurance producer shall use any satellite imagery, aerial photography, or other commercial observation or surveillance products, including but not limited to Google Earth or similar services, as a basis to increase premiums, cancel, or decline to renew a policy of homeowners insurance.

II. This section shall not prohibit the use of such imagery or products for general risk assessment purposes that do not target specific properties or result in adverse actions against individual policyholders.

III. Any violation of this section shall be deemed an unfair method of competition and an unfair and deceptive act or practice in the business of insurance under RSA 417:4.

5 Repeal. RSA 412:15, III, relative to the use of credit reports, credit histories, and credit scoring models for purposes of underwriting and rate setting for automobile and homeowner insurance policies, is repealed.

6 Effective Date. This act shall take effect 180 days after its passage.