CHAPTER Ins 800 REPORTING OF
STATISTICAL DATA BY PROPERTY AND CASUALTY INSURANCE COMPANIES
Statutory Authority: RSA
400-A:36 and 412:43
PART Ins 801 REPORTING
REQUIREMENTS
Ins 801.01 Purpose. The
purpose of this chapter is to set forth the manner of reporting data by
insurers to statistical agents, to prescribe reports to be submitted by
statistical agents to the commissioner, and to prescribe certain conduct in
connection therewith. This chapter does not apply to data reported directly by
insurers to the commissioner.
Source. #4468, eff 8-5-88; ss by #5649, eff 7-1-93;
ss by #7027, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7108, eff 10-29-99,
EXPIRED: 10-29-07
New. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.02 Scope. This chapter shall apply to all lines of
insurance except life insurance, variable annuities, accident and health
insurance, title insurance, reinsurance, ocean marine insurance and aviation
insurance.
Source. #4468, eff 8-5-88; ss by #5649, eff 7-1-93;
ss by #7027, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7108, eff 10-29-99,
EXPIRED: 10-29-07
New. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.03 Definitions.
(a) "NAIC
Statistical Handbook or Handbook" means the publication of the National
Association of Insurance Commissioners (NAIC) that explains insurance
statistical data and provides reporting requirements and report formats to be
regularly furnished by statistical agents.
(b)
"Statistical agent" means an entity that has been designated
by the commissioner to collect statistics from insurers and provide reports
developed from these statistics to the commissioner for the purpose of
fulfilling the statistical reporting obligations of those insurers.
(c)
"Statistical plan" means a statistical agent's system for
collecting information from reporting insurers, including exposure, coverage,
classification, territory, premium, loss and other information.
Source. #4468, eff 8-5-88; ss by #5649, eff 7-1-93;
ss by #7027, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7108, eff 10-29-99,
EXPIRED: 10-29-07
New. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.04 Examination of Statistical Agents. To be designated to collect statistics from
insurers for purposes of fulfilling the statistical reporting requirements of
this chapter, any entity other than a licensed advisory organization shall be
subject to the same examination provisions as licensed advisory organizations.
Source. #4468, eff 8-5-88; ss by #5649, eff 7-1-93;
ss by #7027, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7108, eff 10-29-99,
EXPIRED: 10-29-07
New. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.05 Filing of Statistical Plans by Statistical
Agents. Every statistical agent shall file with the
commissioner every statistical plan and every modification that it proposes to
use to collect statistics to meet the requirements of this chapter. Such statistical plan filings shall be deemed
to meet the requirements of this chapter unless disapproved by the commissioner
within 30 days after filing.
Source. #4468, eff 8-5-88; ss by #5649, eff 7-1-93;
ss by #7027, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7108, eff 10-29-99,
EXPIRED: 10-29-07
New. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.06 Statistical
Plans and Reporting by Insurers. Every insurance company licensed in this state shall
report its insurance statistical experience for lines of insurance covered by
this chapter to a statistical agent designated by the commissioner. This data shall be submitted in accordance
with statistical plans approved in accordance with Ins 801.05.
Source. #4468, eff 8-5-88; ss by #5649, eff 7-1-93;
ss by #7027, INTERIM, eff 7-1-99, EXPIRES: 10-29-99; ss by #7108, eff 10-29-99,
EXPIRED: 10-29-07
New. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.07 Statistical Agents' Compliance with the
Statistical Handbook. For every line of insurance that it collects
statistics in this state, every statistical agent shall, at a minimum, collect
statistics and file reports and compilations in the form and detail provided in
the NAIC Statistical Handbook, edition date 2012 unless otherwise specified by the commissioner.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.08 Multiple Statistical Agents for the Same
Line of Insurance. For lines of insurance where more than one statistical
agent has been designated and collects statistics in this state, the
statistical agents shall, if so directed by the commissioner, arrange to file
combined reports for all statistical agents collecting data for the affected
lines of insurance. The statistical
agents may make arrangements among themselves for the equitable sharing of the
costs to produce combined reports.
Source. #9053, eff 1-2-08; ss by #11008, eff
12-31-15
Ins 801.09 Edit and Control Procedures for
Statistical Agents. Statistical agents shall adopt edit and
control procedures to screen and check data for reasonableness, apparent
accuracy and completeness. These
procedures shall, at a minimum, conform to the specifications provided in the
NAIC Statistical Handbook, unless otherwise specified by the commissioner.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.10 Insurer Edit and Audit Procedures. Insurers shall adopt edit and audit
procedures to screen and check data required by this chapter to be reported to
see that such data meets the standards for reasonableness and accuracy provided
in the NAIC Statistical Handbook, edition date 2012 unless otherwise specified
by the commissioner.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.11 Adoption
of Changes to the Statistical Handbook.
Revisions to the Statistical Handbook shall apply upon the
commissioner’s notification to insurers or statistical agents of the adoption
of the revisions and their effective date.
Statistical agents shall notify insurers that report to them of any
changes that affect data collection or the reporting activities of insurers.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
Ins 801.12 Disclosure of Complying and Non-Complying
Insurers. Statistical reports shall each contain a listing
of insurers whose data are included. In
addition, if data from an insurer or insurers that had agreed to have data
included are, in fact, not included, then a listing of these insurers shall
also be made with the statistical report as specified in the NAIC Statistical
Handbook. For any insurer that is listed
as not included in a statistical report, the statistical agent shall, upon the
request of the commissioner, provide reasons for the exclusion.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
(from Ins 801.11)
Ins 801.13 Access to Data. The commissioner shall have access to all
statistical data that have been collected by statistical agents for the purpose
of fulfilling the requirements of this rule.
Upon request by the commissioner, the statistical agent shall provide a
copy of any report that it produces from data that the commissioner has
required to be collected.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
(from Ins 801.12)
Ins 801.14 Disclosure of Data. When data submitted to the insurance
department by a statistical agent identify individual insurers, appear likely
to identify individual claimants or insureds, or are asserted by the
statistical agent or a reporting insurer to be subject to protection from
disclosure, such data shall not be publicly disclosed unless, prior to such
disclosure:
(a) The department
notifies the statistical agent and any insurer which has asserted the data to
be subject to protection from disclosure of the request for disclosure;
(b) The department
then provides a 30 day period for any insurer that reported data to the
statistical agent to assert that its data are trade secret or are otherwise
protected from disclosure. The 30 day
period shall run from the time that the statistical agent receives notification
from the department.
(c) The department then provides insurers which have
asserted their data to be trade secret or otherwise protected from disclosure
with the opportunity to support their positions, which shall be governed by RSA
400-A:17 and Ins 200; and
(d) After the
applicable adjudicative process is complete, there is a final decision that the
data are not trade secret and are not otherwise subject to protection from
disclosure.
Source. #9053, eff 1-2-08; ss by #11008, eff
12-31-15 (from Ins 801.13)
Ins 801.15 Exemption.
(a) Upon application
by a statistical agent or an individual insurer, the commissioner may allow the
submission of a report or statistical data at a specified later date if the submission
of the report or data on the date required by this chapter would create a
substantial hardship on the statistical agent or insurer.
(b) In considering whether to grant such an
exemption, the commissioner shall consider whether the delay is necessitated by
an unusual or a one-time situation, or whether the delay is necessitated by a
situation that is likely to reoccur.
When the delay is necessitated by a situation that is likely to reoccur,
the commissioner may condition the granting of an exemption on whether the
insurer or statistical agent has a plan of action to address the situation in
the future.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
(from Ins 801.14)
Ins 801.16 Lines of Insurance Without a Statistical
Agent. Any licensed insurer writing any line of
insurance not exempted in Ins 801.02 that finds or believes to have found that
it is writing a line or type of insurance for which no statistical agent will
accept data shall notify the commissioner of this fact as soon as practicable.
Source. #9053, eff 1-2-08; ss by #11008, eff 12-31-15
(from Ins 801.15)
Ins 801.17 Penalty.
Failure to file the information required under this chapter in
accordance with a statistical plan adopted by the commissioner shall result in
a penalty in accordance with the provisions of RSA 412:40.
Source. #11008, eff 12-31-15 (from Ins 801.16)
APPENDIX A Statutes Implemented
|
Rule |
Statute |
|
|
|
|
Ins 801.01 |
|
|
Ins 801.02 |
RSA 412:2 |
|
Ins 801.03 |
RSA 412:23, RSA
412:24, RSA 412:25 |
|
Ins 801.04 |
RSA 412:43 |
|
Ins 801.05 |
RSA 412:23, RSA
412:24, RSA 412:25 |
|
Ins 801.06 |
RSA 412:23, RSA
412:24, RSA 412:25, RSA 412:43 |
|
Ins 801.07 |
RSA 412:23, RSA
412:24, RSA 412:25 |
|
Ins 801.08 |
RSA 412:43 |
|
Ins 801.09 |
RSA 412:23, RSA
412:24, RSA 412:43 |
|
Ins 801.10 |
RSA 412:43 |
|
Ins 801.11 |
RSA 412:23, RSA
412:24, RSA 412:25, RSA 412:43 |
|
Ins 801.12 |
RSA 412:23, RSA
412:24, RSA 412:43 |
|
Ins 801.13 |
RSA 412:23, RSA
412:24, RSA 412:43 |
|
Ins 801.14 |
RSA 400-A:17, RSA
400-A:25, RSA 412:43 |
|
Ins 801.15 |
RSA 412:43 |
|
Ins 801.16 |
RSA 412:43 |
|
Ins 801.17 |
RSA 412:40 |
APPENDIX B
Incorporation by Reference Information
|
Rule |
Title |
Publisher; How to Obtain; and Cost |
|
Ins 801.07 Ins 801.09 Ins 801.10 Ins 801.11 Ins 801.12 |
“NAIC Statistical Handbook,”
Statistical Handbook of Data Available to Insurance Regulators, (edition
2012) |
Copyrighted by the
National Association of Insurance Commissioners; Available from the National Association of
Insurance Commissioners, 2301 McGee Street, Suite 301, Kansas City, Missouri
64108; telephone: 816-842-3600; www.naic.org; download free PDF |