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This entry was published on 2014-09-22
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Insurance (ISC) CHAPTER 28, ARTICLE 28
§ 2806. Filing. (a) Insurers that use insurance scores to underwrite
and rate risks must file their scoring models (or other scoring
processes) with the superintendent. Any subsequent revision to the
scoring models will require the insurer to file a summary of the
revision with the superintendent within forty-five days. A third party
may file scoring models on behalf of insurers. A filing that includes
insurance scoring may include loss experience justifying the use of
credit information.

(b) Any filing relating to credit information filed and in the
possession of the superintendent shall remain the property of the
insurer and shall not be subject to any disclosure or production under
article six or six-A of the public officers law or any other law of the
state which authorizes or requires the superintendent to disclose or
produce records to an outside party. This information is privileged
information and is not discoverable or admissible as evidence in any
legal action in any civil, criminal or administrative proceeding. The
privilege created herein is a matter of substantive law of this state
and is not merely a procedural matter governing civil or criminal
procedures in the courts of this state and this information shall remain
subject to all applicable statutory or common law privileges.