20-1694.01. Identity theft group insurance; eligible groups

A. An authorized insurer or, subject to chapter 2, article 5 of this title, an unauthorized insurer may issue an identity theft group insurance policy in this state. If an authorized insurer issues an identity theft group insurance policy in this state, the insurer shall file with the department pursuant to section 20-398 the policy to be issued to the group policyholder and the certificate to be issued to individual group members. The contents of any certificate that is filed shall be consistent with the terms of the identity theft group insurance policy pursuant to which such certificate is issued.

B. An insurer may issue or deliver an identity theft group insurance policy in this state only pursuant to this article. The policy shall cover losses and expenses incurred by the certificate holder because of a stolen identity event.

C. An insurer may issue an identity theft group insurance policy to either of the following:

1. A business that sells services or products that are designed to prevent or to minimize the effects of a stolen identity event, if the policy insures the persons who purchase the services or products of the business and the business is the policyholder.

2. An entity for which the director determines by rule that the members are engaged in a common enterprise or have an economic or social affinity or relationship and that the issuance of the policy would not be contrary to the best interests of the public.

D. The groups listed in subsection C of this section shall consist of only natural persons and may include a member of a group member's immediate family or household.

E. An insurer shall treat all eligible groups of the same class in a like manner.