2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 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.