Umbrella Quoting with MVR Information

    Posted by MAIA on Jul 9, 2019, 12:01:00 AM

    QUESTION

    This question was answered based upon current rules, regulations & statutes in effect on April 22, 2019

    I know this is an issue we have gone over a few times with you. In regards to quoting an umbrella we know we cannot provide MVR printouts. To obtain the quote we need to indicate what incidents or accidents they had. We all have licenses/sign ons directly with the registry so we are not using carrier sites for this. We are unable to provide quotes to our clients if we do not fill in these questions. Is this allowed?

    ANSWER

    Irene Morrill: I’m sending this to Kathy Cormier, CPPL, Member Relations Advocate MAIA and RMV expert.  She knows the allowed uses of this information.  Kathy?

    Kathy Cormier: The situation you outlined would be a mis-use of your access to RMV records.   You have access to RMV records for Rating/Underwriting and Claims Investigation of an Auto.

    Umbrella and Boat Carriers are looking for driving records as part of their underwriting, but they are not autos.  We asked the RMV legal team back in March 2018 if Umbrella/Boat Insurers could have access to RMV records and we were told no...they are not underwriting an auto policy.  So they can’t have access directly to RMV records. 

    Anyone can get a driving record if they have the proper information...driving records are public information.  However, the agent is not the proper source to obtain these records it would be the RMV.

    Your agency signed an Access Agreement with the RMV stating that your agency would run a background check on all people who have access to View or Obtain a record from the RMV.  Also, your agency is obligated to keep a record for five years of everyone you give a driving record to if it is not the individual that the records applies too.

    I’ve attached the information on what you can share and the FDPPA that you can review as well as the three different driving records that are available with the RMV directly.

    I hope this helps.

     

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: Registry, 2019

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