Paul Sanchez
Whether insurance records are public or not is a complex question. While homeowner's insurance policies are generally not considered public records, there may be certain instances where they can be viewed as such. For example, in some states, it is possible to discover another person's insurance company through public documents, and if necessary, raise a third-party claim. Additionally, when selling a home, the CLUE (Comprehensive Loss Underwriting Exchange) report, which details the insured's claims, can be shared with potential homebuyers to provide insight into the property's history. However, the CLUE report is not a public document and is typically only shared with the policyholder's consent. Ultimately, insurance records are largely protected, with access restricted to the policy owner and insurance provider, and any sharing of information is regulated by statutes like the F.A.C.T. Act.
| Characteristics | Values |
|---|---|
| Are insurance records public? | In general, only the parties concerned (the policy owner and insurance provider) have access to the full and revised homeowner's insurance record. |
| Can I access someone else's insurance records? | In some states, it is possible to discover another person's insurance company through public documents. However, insurance firms cannot reveal details to unrelated parties, except as authorized by regulation. |
| How can I access my insurance records? | Policyholders can request a free copy of their insurance policy annually under the Fair and Accurate Credit Transactions Act (FACT Act). |
| What is CLUE? | The Comprehensive Loss Underwriting Exchange (CLUE) is a database that records past claims made by insurance customers. It is not a public document but can impact the sale of a home. |
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What You'll Learn
Homeowner's insurance records are not public
Homeowners' insurance records are not public. Only the policy owner and the insurance provider are the parties involved with access to the full and revised homeowner's insurance record. Both parties are protected by statute for their right to access insurance information under the F.A.C.T. Act.
However, in some states, it is possible to discover another person's insurance company through public documents and, if necessary, to raise the possibility of a third-party claim directly with the company. For example, if you sue to make a property owner pay for injury or damage caused by some aspect of the property. Some states may require homeowners to record their insurance companies with the local tax office, and this aspect of the record is public.
A homeowner's insurance policy is not a public record, but a CLUE (Comprehensive Loss Underwriting Exchange) report is a public document. This report contains a record of the insurance claims filed on a particular property and is reported by the insurance company. A CLUE report can be requested by homeowners, insurance companies, and lenders. Prospective buyers can also ask a homeowner to see a home's CLUE report. However, unrelated parties cannot access these documents.
The information in a CLUE report can affect your ability to get homeowners insurance. For example, if the previous owner had a lengthy history of homeowners insurance claims, you may have trouble getting a policy. A CLUE report can also help identify potential issues with getting an insurance policy.
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The CLUE database is not public
The Comprehensive Loss Underwriting Exchange (CLUE) is a database that records past claims made by insurance customers. It is not a public document. Only the policyholder and the insurance provider can issue a CLUE copy to a realtor or buyer. The policyholder must agree to release the information.
The CLUE database is maintained by LexisNexis, a consumer reporting agency. It enables insurance companies to access consumer claims information when underwriting or rating an insurance policy. The database contains up to seven years of personal property claims history. It does not include other sources of data, such as credit reports, criminal records, civil lawsuits, or legal judgments.
Consumers can access CLUE reports on themselves and their properties. They can also request a copy of their CLUE report from LexisNexis. If a consumer discovers an error in their CLUE report, they can contact LexisNexis directly, which will then contact the insurance company on their behalf and notify the consumer of the results within 30 days. Consumers can also add notations to their individual CLUE reports. For example, if a homeowner makes a dog bite claim and then gets rid of the dog, they can add this information to their CLUE report.
Insurance companies that subscribe to CLUE can submit loss data and access CLUE reports. However, they cannot add notations to the database. Insurers have been instructed by CLUE not to report inquiries about possible coverage. Only policy information, including loss history, is stored in the database.
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Insurance records can be requested by interested parties
Insurance records are typically private documents and are not classified as public records. However, certain policy details may become accessible under specific circumstances, and interested parties can request a copy of an insurance policy. For example, in the case of a legal dispute, insurance information may be disclosed. Accident reports may include basic information such as the name of the insurer and the policy number, but full policy details remain private.
In the case of homeowner's insurance, while the policy is not a public record, certain information may be disclosed to prospective homebuyers. This is done through a CLUE (Comprehensive Loss Underwriting Exchange) report, which records past claims made by insurance customers. Additionally, some states may require homeowners to record their insurance companies with the local tax office, making this aspect of insurance records public.
During legal proceedings, insurance records may become accessible to the involved parties. For example, in personal injury cases, insurance adjusters may request medical records to verify claimed injuries. While this information is typically confidential, it can become accessible to interested parties, such as family members, in probate situations involving a life insurance policy.
It is important to note that privacy laws protect insurance policies, ensuring that personal and financial information remains private between the policyholder and the insurance company. However, under specific circumstances, interested parties can request access to certain insurance record details.
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Insurance records are protected by the F.A.C.T Act
Insurance records are protected by the Fair and Accurate Credit Transactions Act, also known as the FACT Act. This act manages and controls who can obtain insurance details. Only the parties concerned—the policy owner and the insurance provider—have access to the full and revised homeowner's insurance record.
The policy owner is allowed to request a free copy of their insurance policy annually under the FACT Act. If interested parties want to access the record, they may request a policy copy from the insurance provider. Insurance firms are not permitted to reveal details to unrelated parties, except as authorized by regulation.
In some states, it is possible to discover another person's insurance company through public documents and, if necessary, to raise the possibility of a third-party claim directly with the company. For example, if you wish to make a property owner pay for injury or damages caused by their property. Some states may also require homeowners to record their insurance companies with the local tax office, and this aspect of the record is public.
When an insurance company uses consumer reports to underwrite insurance policies or screen high-risk applicants, they must comply with the Fair Credit Reporting Act (FCRA). The FCRA is designed to protect the privacy of consumer report information and to guarantee that the information supplied by consumer reporting agencies (CRAs) is accurate. Consumer reports may include information about a person's credit history, medical conditions, driving record, criminal activity, and even their participation in dangerous sports. Insurance companies must have a permissible purpose for obtaining a consumer report and must take certain steps after taking adverse action based on the information in the report. For example, if an adverse action is taken—such as denying insurance, increasing rates, or terminating a policy—based on information in a consumer report, the FCRA requires the insurance company to provide a notice of the adverse action to the consumer. This notice must include the name, address, and telephone number of the CRA that supplied the report, as well as a statement that the CRA did not make the decision to take the adverse action.
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Insurance records may be required to be public in some states
In general, insurance records are not considered public documents. Typically, only the policy owner and insurance provider are considered parties concerned and are granted access to the full and revised homeowner's insurance record. However, there are certain scenarios where insurance records may become public or accessible by interested third parties.
For instance, in some states, it is possible to discover another person's insurance company through public documents, and if necessary, raise the possibility of a third-party claim directly with the company. Certain states may also require homeowners to record their insurance companies with the local tax office, and this aspect of the record is publicly available. Additionally, when selling a home, the homeowner may agree to release their insurance policy to the realtor or potential buyer.
Furthermore, specialty consumer reporting agencies exist that collect and report information about insurance claims made on property and casualty insurance policies, such as homeowner's and auto insurance. These agencies may charge a fee for individuals to access their reports. It is important to note that not every agency will have information on every individual.
While not a public document, the Comprehensive Loss Underwriting Exchange (CLUE) is a database that records past claims made by insurance customers. This database is shared among insurance companies and can impact the future sale of a home. CLUE details the types and number of claims made against a policy, including any rejected claims and potential claims discussed.
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Frequently asked questions
Insurance records are generally not public. Only the policy owner and insurance provider are involved and protected by statute for their right to access insurance information under the F.A.C.T. Act.
Policyholders are allowed to request a free copy of their insurance policy annually under the Fair and Accurate Credit Transactions Act (FACT Act).
In some states, it is possible to discover another person's insurance company through public documents. You may then be able to raise a third-party claim with the company.
The Comprehensive Loss Underwriting Exchange (CLUE) is a database that records past insurance claims. It is not a public document but can be shared with insurance companies and realtors or homebuyers.
You can submit a public records request (PRR) to the DOI. Before filing, check if the documents you need are already available on the DOI website.
