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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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 for being inconsistent with the requirements of the
statistical plan requested by 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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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, as available in Appendix B.
Source. #9053, eff 1-2-08; ss by #11008, eff
12-31-15; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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, edition date
2012, as available in Appendix B.
Source. #9053, eff 1-2-08; ss by #11008, eff
12-31-15; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
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, as
available in Appendix B.
Source. #9053, eff 1-2-08; ss by #11008, eff
12-31-15; ss by #14505, eff 2-7-26, EXPIRES: 2-7-36
Ins
801.11 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, edition date 2012, as available in Appendix B. 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); ss by #14505, eff 2-7-26, EXPIRES: 2-7-36 (formerly Ins
801.12)
Ins
801.12 Access to Data. Statistical agents shall provide access to
the commissioner of all statistical data that has been collected. 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); ss by #14505, eff 2-7-26, EXPIRES: 2-7-36 (formerly Ins
801.13)
Ins
801.13 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); ss by #14505, eff 2-7-26, EXPIRES: 2-7-36 (formerly Ins
801.14)
Ins
801.14 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); ss by #14505, eff 2-7-26, EXPIRES: 2-7-36 (formerly Ins
801.15)
Ins
801.15 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); ss by #14505, eff 2-7-26, EXPIRES: 2-7-36 (formerly Ins
801.16)
Ins
801.16 Penalty. Failure to file the information required
under this chapter shall result in a penalty in accordance with the provisions
of RSA 412:40.
Source. #11008, eff 12-31-15 (from Ins 801.16); ss by
#14505, eff 2-7-26, EXPIRES: 2-7-36 (formerly Ins 801.17)
Ins
801.17 Waiver
of Rules.
(a) The commissioner, upon the
commissioner’s own initiative or upon request by an insurer, shall waive any
requirement of this part if such waiver does not contradict the objective or
intent of the rule and:
(1) Applying the rule provision would cause
confusion or would be misleading to consumers;
(2) The rule
provision is in whole or in part inapplicable to the given circumstances;
(3) There are
specific circumstances unique to the situation such that strict compliance with
the rule would be onerous without promoting the objective or intent of the rule
provision; or
(4) Any other
similar extenuating circumstances exist such that
application of an alternative standard or procedure better promotes the
objective or intent of the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person or entity seeking a waiver shall make a request in writing.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
Source. #14505, eff 2-7-26, EXPIRES: 2-7-36
APPENDIX A Statutes Implemented
|
Rule |
Statute |
|
|
|
|
Ins 801.01 |
RSA 412:23; RSA 412:24; RSA 412:25 |
|
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 412:43 |
|
Ins 801.12 |
RSA 412:23; RSA 412:24; RSA 412:43 |
|
Ins 801.13 |
RSA 400-A:17; RSA 400-A:25; RSA 412:43 |
|
Ins 801.14 |
RSA 412:43 |
|
Ins 801.15 |
RSA 412:43 |
|
Ins 801.16 |
RSA 412:40 |
|
Ins
801.17 |
RSA
400-A:15, I; RSA 541-A:22, IV |
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 |
“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 |