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This entry was published on 2014-09-22
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SECTION 2315
Recording and reporting of experience; statistical plans
Insurance (ISC) CHAPTER 28, ARTICLE 23
§ 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.