N.Y. Insurance Law § 2801: Definitions

§ 2801. Definitions. For the purposes of this article, the following

terms shall have the following meanings:

(a) "Adverse action" shall mean 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 for, in connection with the underwriting of personal

insurance.

(b) "Affiliate" shall mean any company that controls, is controlled

by, or is under common control with another company.

(c) "Applicant" shall mean an individual who has applied to be covered

by a personal lines insurance policy with an insurer.

(d) "Consumer" shall mean an insured whose credit information is used

or whose insurance score is calculated in the underwriting or rating of

a personal lines insurance policy or an applicant for such a policy.

(e) "Consumer reporting agency" shall mean any person who, for

monetary fees, dues, or on a cooperative nonprofit basis, regularly

engages in whole or in part in the practice of assembling or evaluating

consumer credit information or other information on consumers for the

purpose of furnishing consumer reports to third parties.

(f) "Credit information" shall mean any credit-related information

derived from a credit report, found on a credit report itself, or

provided on an application for personal lines insurance. Information

that is not credit-related shall not be considered "credit information",

regardless of whether it is contained in a credit report or in an

application, or is used to calculate an insurance score.

(g) "Credit report" shall mean any written, oral, or other

communication of information by a consumer reporting agency bearing on a

consumer's credit worthiness, credit standing or credit capacity which

is used or expected to be used or collected in whole or in part for the

purpose of serving as a factor to determine personal lines insurance

premiums, eligibility for coverage, or tier placement.

(h) "Insurance score" shall mean a number or rating that is derived

from an algorithm, computer application, model, or other process that is

based in whole or in part on credit information for the purposes of

predicting the future insurance loss exposure of an individual applicant

or insured.

(i) "Personal lines insurance" shall mean property/casualty insurance

coverage sold to individuals and families for primarily noncommercial

purposes.