§ 2315 — Recording and reporting of experience; statistical plans

§ 2315. Recording and reporting of experience; statistical plans. (a)\nEvery authorized insurer shall annually file with the rate service\norganization of which it is a member or subscriber, or with such other\nagency as the superintendent may approve, a statistical report showing a\nclassification schedule of its premiums and losses on all kinds or types\nof insurance business subject to this article, and such other\ninformation as the superintendent may deem necessary or expedient for\nthe administration of the provisions of this article. The superintendent\nfrom time to time may prescribe the form of the report including\nstatistical data conforming to established classifications. The\nstatistical reports shall be consolidated in accordance with regulations\nprescribed by the superintendent. Such consolidations shall be made\navailable, subject to reasonable rules promulgated by the\nsuperintendent, to insurers and rate service organizations. No insurer\nshall be required to record or report its loss experience on a\nclassification basis that is inconsistent with the rating system filed\nby it, except that the superintendent may require each insurer writing\nprivate passenger automobile coverages to file annually with the\nsuperintendent (or a statistical agent designated by the superintendent\nfor such purpose), in the form prescribed by the superintendent, a\nstatistical report showing a schedule of its premiums, losses, and\nexposures classified by United States postal zip code. No statistical\nreport shall be issued or otherwise made available to any rate service\norganization (except in the capacity of designated statistical agent),\ninsurers, or persons other than appropriate governmental entities,\nexcept on a consolidated manner, or in such aggregate form as to protect\nan individual insurer's schedule of premiums, losses and exposures for\nany specific zip code.\n (b) Statistical plans and rules shall be promulgated for the recording\nand reporting of expense experience on a country-wide basis. Such rules\nand plans may also provide for the recording and reporting of expense\nexperience items which are specially applicable to this state and are\nnot susceptible of determination by a prorating of country-wide expense\nexperience.\n (c) In order to further uniform administration of rate regulatory\nlaws, the superintendent and every insurer and rate service organization\nmay exchange information and experience data with insurance supervisory\nofficials, insurers, and rate service organizations in other states and\nmay consult with them with respect to rate making and the application of\nrating systems. Reasonable rules and plans may be promulgated by the\nsuperintendent for the interchange of data necessary for the application\nof rating plans. In the promulgation of statistical plans and rules the\nsuperintendent shall give consideration to the rating systems on file\nwith him and, in order that such rules and plans may be as uniform as is\npracticable among the several states, to the rules and to the form of\nthe plans in other states.\n (d) No plan, rule or regulation, or amendment thereto, shall be\npromulgated by the superintendent pursuant to subsection (a), (b) or (c)\nhereof except upon notice, and after hearing, to every rate service\norganization affected thereby. No such plan, rule or regulation, or\namendment thereto, shall become effective less than sixty days after\npromulgation.\n (e) The willful withholding of information from, or giving of false or\nmisleading information to, the compensation insurance rating board or\nany other rate service organization or any insurer or the superintendent\nor any statistical agency designated by the superintendent, which will\nin any way affect the rate or premium chargeable to any assured or group\nof assureds shall constitute a violation of this chapter and also be\nsubjected to the penalty provided for in subsection (e) of section two\nthousand three hundred twenty-one of this article.\n