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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.

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