State, Department of Commerce, Community & Economic Development, Division of Insurance v. Progressive Casualty Insurance Co.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Alaska Statute 21.36.460(d)(1) forbids insurers from failing to renew or, at renewal, underwriting or rating a personal insurance policy, "based in whole or in part on a consumer's credit history or insurance score." Casualty insurers asked the Alaska Division of Insurance to permit them to "freeze" their insureds' credit scores at policy initiation and use their insureds' frozen credit seores at policy renewal to make underwriting risk group determinations. The division rejected this proposal. On appeal, the superior court reversed. Because the…