2006 New York Code - 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.