Bill Text: MN HF895 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Insurance notices and authorization collected information modified, and insurance appraisers regulated.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-24 - Secretary of State Chapter 52 [HF895 Detail]
Download: Minnesota-2011-HF895-Engrossed.html
Bill Title: Insurance notices and authorization collected information modified, and insurance appraisers regulated.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-24 - Secretary of State Chapter 52 [HF895 Detail]
Download: Minnesota-2011-HF895-Engrossed.html
1.2relating to commerce; modifying certain insurance notices and authorizations to
1.3collect information; regulating certain insurance appraisers;amending Minnesota
1.4Statutes 2010, sections 60C.21, subdivision 1; 65A.12, subdivision 2; 72A.491,
1.5by adding a subdivision; 72A.501, subdivision 1, by adding a subdivision;
1.672A.502, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 60C.21, subdivision 1, is amended to read:
1.9 Subdivision 1. Notice required. No person, including an insurer, agent, or affiliate
1.10of an insurer or agent shall sell, or offer for sale, a covered property and casualty insurance
1.11policy, unless the notice, in the form specified in subdivision 2, isdelivered given or
1.12obtained with or as a part of the application for that policy.A copy of the notice must
1.13be given to the applicant. If the application is not taken from the applicant in person, the
1.14notice must be sent to the applicant within 72 hours after the application is taken. The
1.15person offering the policy or contract shall document the fact that the notice was given at
1.16the time of application or was sent within the specified time and shall include a copy of
1.17the notice with the policy or contract when delivered to the applicant. This section does
1.18not apply to renewals, unless the renewal increases the dollar amount of a coverage by
1.19more than 100 percent. The notice must be given or obtained in writing or in the same
1.20medium as the application for insurance.
1.21 Sec. 2. Minnesota Statutes 2010, section 65A.12, subdivision 2, is amended to read:
1.22 Subd. 2. Appraiser. No person shall be a qualified appraiser who is nota resident of
1.23the state, disinterested, and willing to act.
2.1 Sec. 3. Minnesota Statutes 2010, section 72A.491, is amended by adding a subdivision
2.2to read:
2.3 Subd. 20a. Signed. "Signed" means a written signature or an electronic signature as
2.4defined in section 325L.02, paragraph (h).
2.5 Sec. 4. Minnesota Statutes 2010, section 72A.501, subdivision 1, is amended to read:
2.6 Subdivision 1. Requirement; content. An authorization used by an insurer,
2.7insurance-support organization, or insurance agent to disclose or collect personal or
2.8privileged informationmust be in writing and must meet the following requirements is
2.9valid if it:
2.10(1) iswritten in plain language;
2.11(2) is dated;
2.12(3) specifies the types of persons authorized to disclose information about the person;
2.13(4) specifies the nature of the information authorized to be disclosed;
2.14(5) names the insurer or insurance agent and identifies by generic reference
2.15representatives of the insurer to whom the person is authorizing information to be
2.16disclosed;
2.17(6) specifies the purposes for which the information is collected; and
2.18(7) specifies the length of time the authorization remains valid.
2.19If the insurer, insurance-support organization, or insurance agent determines to disclose or
2.20collect a kind of information not specified in a previous authorization, a new authorization
2.21specifying that kind of information must be obtained.
2.22 Sec. 5. Minnesota Statutes 2010, section 72A.501, is amended by adding a subdivision
2.23to read:
2.24 Subd. 5. Verbal authorization in lieu of signed authorization. For purposes of
2.25this section, verbal authorization may be given in lieu of a signed authorization, provided
2.26that an electronic record of the verbal authorization is retained in compliance with section
2.27325L.12.
2.28 Sec. 6. Minnesota Statutes 2010, section 72A.502, subdivision 1, is amended to read:
2.29 Subdivision 1. Requirement. An insurer, insurance agent, or insurance-support
2.30organization must not disclose any personal or privileged information about a person
2.31collected or received in connection with an insurance transaction without thewritten
2.32authorization of that person except as authorized by this section. An insurer, insurance
2.33agent, or insurance-support organization must not collect personal information about a
3.1policyholder or an applicant not relating to a claim from sources other than public records
3.2withouta written an authorization from the person. The authorization to collect personal
3.3information must be in writing or in the same medium as the application for insurance.
1.3collect information; regulating certain insurance appraisers;amending Minnesota
1.4Statutes 2010, sections 60C.21, subdivision 1; 65A.12, subdivision 2; 72A.491,
1.5by adding a subdivision; 72A.501, subdivision 1, by adding a subdivision;
1.672A.502, subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 60C.21, subdivision 1, is amended to read:
1.9 Subdivision 1. Notice required. No person, including an insurer, agent, or affiliate
1.10of an insurer or agent shall sell, or offer for sale, a covered property and casualty insurance
1.11policy, unless the notice, in the form specified in subdivision 2, is
1.12obtained with or as a part of the application for that policy.
1.13
1.14
1.15
1.16
1.17
1.18not apply to renewals, unless the renewal increases the dollar amount of a coverage by
1.19more than 100 percent. The notice must be given or obtained in writing or in the same
1.20medium as the application for insurance.
1.21 Sec. 2. Minnesota Statutes 2010, section 65A.12, subdivision 2, is amended to read:
1.22 Subd. 2. Appraiser. No person shall be a qualified appraiser who is not
1.23
2.1 Sec. 3. Minnesota Statutes 2010, section 72A.491, is amended by adding a subdivision
2.2to read:
2.3 Subd. 20a. Signed. "Signed" means a written signature or an electronic signature as
2.4defined in section 325L.02, paragraph (h).
2.5 Sec. 4. Minnesota Statutes 2010, section 72A.501, subdivision 1, is amended to read:
2.6 Subdivision 1. Requirement; content. An authorization used by an insurer,
2.7insurance-support organization, or insurance agent to disclose or collect personal or
2.8privileged information
2.9valid if it:
2.10(1) is
2.11(2) is dated;
2.12(3) specifies the types of persons authorized to disclose information about the person;
2.13(4) specifies the nature of the information authorized to be disclosed;
2.14(5) names the insurer or insurance agent and identifies by generic reference
2.15representatives of the insurer to whom the person is authorizing information to be
2.16disclosed;
2.17(6) specifies the purposes for which the information is collected; and
2.18(7) specifies the length of time the authorization remains valid.
2.19If the insurer, insurance-support organization, or insurance agent determines to disclose or
2.20collect a kind of information not specified in a previous authorization, a new authorization
2.21specifying that kind of information must be obtained.
2.22 Sec. 5. Minnesota Statutes 2010, section 72A.501, is amended by adding a subdivision
2.23to read:
2.24 Subd. 5. Verbal authorization in lieu of signed authorization. For purposes of
2.25this section, verbal authorization may be given in lieu of a signed authorization, provided
2.26that an electronic record of the verbal authorization is retained in compliance with section
2.27325L.12.
2.28 Sec. 6. Minnesota Statutes 2010, section 72A.502, subdivision 1, is amended to read:
2.29 Subdivision 1. Requirement. An insurer, insurance agent, or insurance-support
2.30organization must not disclose any personal or privileged information about a person
2.31collected or received in connection with an insurance transaction without the
2.32authorization of that person except as authorized by this section. An insurer, insurance
2.33agent, or insurance-support organization must not collect personal information about a
3.1policyholder or an applicant not relating to a claim from sources other than public records
3.2without
3.3information must be in writing or in the same medium as the application for insurance.
