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2001 Nebraska Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagne0031 and id is 1 raw text is: Proposed Legislation Exempting Insurance Providers From the Conditions of Disclosure Requirements Prescribed by Neb. Rev. Stat. §60-2909 (January 12, 2001) Opinion 01001 DATE: January 12, 2001 SUBJECT: Proposed Legislation Exempting Insurance Providers From the Conditions of Disclosure Requirements Prescribed by Neb. Rev. Stat. §60- 2909 REQUESTED BY: Senator Carol Hudkins WRITTEN BY: Don Stenberg, Attorney General Jodi M. Fenner, Assistant Attorney General You have requested an opinion from this office regarding proposed legislation which would exempt insurance providers from the conditions for disclosure requirements prescribed by Neb. Rev. Stat. § 60-2909. Our response to your inquiry is set forth below. I. ISSUE TO BE ADDRESSED BY PROPOSED LEGISLATION The proposed legislation was drafted in response to concerns from the insurance industry regarding increased cost and decreased availability of motor vehicle records for underwriting purposes. Historically, insurance providers were able to get relevant personal information from motor vehicle records for underwriting purposes from the Department of Motor Vehicles over the telephone. This information was provided in a timely manner and free of charge. Due to the enactment of the Driver's Privacy Protection Act and its amendments, Nebraska law was recently changed to require strict regulation of the release of such information. Now insurance providers must either submit a written request for such information or pay a fee to access this information on the Internet. This has imposed a hardship upon the insurance industry by increasing the time and cost involved in obtaining such information for their customers. Therefore, the proposed legislation was drafted to allow insurance providers access to personal information from motor vehicle records in a more timely and cost efficient manner.