S T A T E O F N E W Y O R K
________________________________________________________________________
11724
I N A S S E M B L Y
September 16, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
-- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring
property/casualty insurance carriers to provide access to underwriting
models or granular claim data to the department of financial services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 338 to
read as follows:
§ 338. ACCESS TO UNDERWRITING MODELS AND CLAIM DATA. (A) DEFINITIONS.
FOR PURPOSES OF THIS SECTION:
(1) "UNDERWRITING MODEL" MEANS ANY ALGORITHM, FORMULA, OR STRUCTURED
METHODOLOGY USED BY A PROPERTY/CASUALTY CARRIER TO ASSESS RISK, DETER-
MINE PREMIUMS, OR EVALUATE ELIGIBILITY FOR COVERAGE.
(2) "GRANULAR CLAIM DATA" MEANS DETAILED, RECORD-LEVEL INFORMATION
REGARDING CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIM TYPE, AMOUNT, DATE,
GEOGRAPHIC LOCATION, AND RESOLUTION STATUS.
(3) "MUTUALLY AGREED DEPARTMENT STAFF" MEANS EMPLOYEES OR AGENTS OF
THE DEPARTMENT DESIGNATED BY THE SUPERINTENDENT AND AGREED UPON WITH THE
PROPERTY/CASUALTY INSURANCE CARRIER FOR PURPOSES OF REVIEW.
(B) ACCESS TO UNDERWRITING MODELS. EVERY PROPERTY/CASUALTY INSURANCE
CARRIER AUTHORIZED TO DO BUSINESS IN THIS STATE SHALL PROVIDE ACCESS TO
ITS UNDERWRITING MODELS TO MUTUALLY AGREED DEPARTMENT STAFF, UPON
REQUEST OF THE SUPERINTENDENT.
(C) ACCESS TO GRANULAR CLAIM DATA. IN THE EVENT THAT UNDERWRITING
MODELS ARE NOT AVAILABLE, A PROPERTY/CASUALTY INSURANCE CARRIER SHALL
PROVIDE ACCESS TO GRANULAR CLAIM DATA TO MUTUALLY AGREED DEPARTMENT
STAFF, SUFFICIENT TO ALLOW THE DEPARTMENT TO EVALUATE UNDERWRITING PRAC-
TICES AND RISK ASSESSMENT METHODOLOGIES.
(D) CONFIDENTIALITY. INFORMATION PROVIDED UNDER THIS SECTION SHALL BE
SUBJECT TO CONFIDENTIALITY PROTECTIONS CONSISTENT WITH APPLICABLE STATE
AND FEDERAL LAW. DEPARTMENT STAFF SHALL MAINTAIN SUCH INFORMATION SOLELY
FOR REGULATORY PURPOSES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16321-01-6
A. 11724 2
(E) COMPLIANCE. FAILURE TO COMPLY WITH THIS SECTION SHALL CONSTITUTE A
VIOLATION AND MAY SUBJECT THE PROPERTY/CASUALTY INSURANCE CARRIER TO
PENALTIES UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER, INCLUDING
FINES, SUSPENSION, OR REVOCATION OF LICENSE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.