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A11724 Summary:

BILL NOA11724
 
SAME ASNo Same As
 
SPONSORRules (Rosenthal)
 
COSPNSR
 
MLTSPNSR
 
Add §338, Ins L
 
Requires property/casualty insurance carriers to provide access to underwriting models or granular claim data to the department of financial services to evaluate underwriting practices and risk assessment methodologies.
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A11724 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11724
 
                   IN ASSEMBLY
 
                                   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:
 
     1    Section 1. The insurance law is amended by adding a new section 338 to
     2  read as follows:
     3    § 338. Access to underwriting models and claim data. (a)  Definitions.
     4  For purposes of this section:
     5    (1)  "Underwriting  model" means any algorithm, formula, or structured
     6  methodology used by a property/casualty carrier to assess  risk,  deter-
     7  mine premiums, or evaluate eligibility for coverage.
     8    (2)  "Granular  claim  data"  means detailed, record-level information
     9  regarding claims, including but not limited to claim type, amount, date,
    10  geographic location, and resolution status.
    11    (3) "Mutually agreed department staff" means employees  or  agents  of
    12  the department designated by the superintendent and agreed upon with the
    13  property/casualty insurance carrier for purposes of review.
    14    (b)  Access  to underwriting models. Every property/casualty insurance
    15  carrier authorized to do business in this state shall provide access  to
    16  its  underwriting  models  to  mutually  agreed  department  staff, upon
    17  request of the superintendent.
    18    (c) Access to granular claim data.  In  the  event  that  underwriting
    19  models  are  not  available, a property/casualty insurance carrier shall
    20  provide access to granular claim  data  to  mutually  agreed  department
    21  staff, sufficient to allow the department to evaluate underwriting prac-
    22  tices and risk assessment methodologies.
    23    (d)  Confidentiality. Information provided under this section shall be
    24  subject to confidentiality protections consistent with applicable  state
    25  and federal law. Department staff shall maintain such information solely
    26  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
 
     1    (e) Compliance. Failure to comply with this section shall constitute a
     2  violation  and  may  subject  the property/casualty insurance carrier to
     3  penalties under section one hundred  nine  of  this  chapter,  including
     4  fines, suspension, or revocation of license.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.
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