Find Legal Information

20-2101. Scope

A. This chapter applies to insurance institutions, insurance producers or insurance support organizations that:

1. In the case of life, health or disability insurance either:

(a) Collect, receive or maintain information in connection with insurance transactions that pertain to natural persons who are residents of this state.

(b) Engage in insurance transactions with applicants, individuals or policyholders who are residents of this state.

2. In the case of property or casualty insurance:

(a) Collect, receive or maintain information in connection with insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state.

(b) Engage in insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state.

B. The rights granted by this chapter extend to:

1. In the case of life, health or disability insurance, the persons who are residents of this state, including natural persons who are the subject of information collected, received or maintained in connection with insurance transactions, and applicants, individuals or policyholders who engage in or seek to engage in insurance transactions.

2. In the case of property or casualty insurance, the persons, including natural persons who are the subject of information collected, received or maintained in connection with insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state, and applicants, individuals or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state.

C. For purposes of this section, a person is considered a resident of this state if the person's last known mailing address, as shown in the records of the insurance institution, insurance producer or insurance support organization, is located in this state.

D. Notwithstanding subsections A and B, this chapter does not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state.