N.Y. Insurance Law § 2315: Recording and reporting of experience; statistical plans

§ 2315. Recording and reporting of experience; statistical plans. (a)

Every authorized insurer shall annually file with the rate service

organization of which it is a member or subscriber, or with such other

agency as the superintendent may approve, a statistical report showing a

classification schedule of its premiums and losses on all kinds or types

of insurance business subject to this article, and such other

information as the superintendent may deem necessary or expedient for

the administration of the provisions of this article. The superintendent

from time to time may prescribe the form of the report including

statistical data conforming to established classifications. The

statistical reports shall be consolidated in accordance with regulations

prescribed by the superintendent. Such consolidations shall be made

available, subject to reasonable rules promulgated by the

superintendent, to insurers and rate service organizations. No insurer

shall be required to record or report its loss experience on a

classification basis that is inconsistent with the rating system filed

by it, except that the superintendent may require each insurer writing

private passenger automobile coverages to file annually with the

superintendent (or a statistical agent designated by the superintendent

for such purpose), in the form prescribed by the superintendent, a

statistical report showing a schedule of its premiums, losses, and

exposures classified by United States postal zip code. No statistical

report shall be issued or otherwise made available to any rate service

organization (except in the capacity of designated statistical agent),

insurers, or persons other than appropriate governmental entities,

except on a consolidated manner, or in such aggregate form as to protect

an individual insurer's schedule of premiums, losses and exposures for

any specific zip code.

(b) Statistical plans and rules shall be promulgated for the recording

and reporting of expense experience on a country-wide basis. Such rules

and plans may also provide for the recording and reporting of expense

experience items which are specially applicable to this state and are

not susceptible of determination by a prorating of country-wide expense

experience.

(c) In order to further uniform administration of rate regulatory

laws, the superintendent and every insurer and rate service organization

may exchange information and experience data with insurance supervisory

officials, insurers, and rate service organizations in other states and

may consult with them with respect to rate making and the application of

rating systems. Reasonable rules and plans may be promulgated by the

superintendent for the interchange of data necessary for the application

of rating plans. In the promulgation of statistical plans and rules the

superintendent shall give consideration to the rating systems on file

with him and, in order that such rules and plans may be as uniform as is

practicable among the several states, to the rules and to the form of

the plans in other states.

(d) No plan, rule or regulation, or amendment thereto, shall be

promulgated by the superintendent pursuant to subsection (a), (b) or (c)

hereof except upon notice, and after hearing, to every rate service

organization affected thereby. No such plan, rule or regulation, or

amendment thereto, shall become effective less than sixty days after

promulgation.

(e) The willful withholding of information from, or giving of false or

misleading information to, the compensation insurance rating board or

any other rate service organization or any insurer or the superintendent

or any statistical agency designated by the superintendent, which will

in any way affect the rate or premium chargeable to any assured or group

of assureds shall constitute a violation of this chapter and also be

subjected to the penalty provided for in subsection (e) of section two

thousand three hundred twenty-one of this article.