- (a) Every model, algorithm, computer program, or other process used to establish an insurance score which in turn is used in the underwriting or rating of an insurance policy shall be submitted to the commissioner by the insurer or any entity acting on behalf of an insurer. Such submission shall be made separately from the filing of underwriting or rating criteria.
- (b) If an insurer or any other entity acting on behalf of such insurer intends to make use of information obtained from consumer reports, but not in connection with the model, algorithm, computer program, or other process submitted under Ins 3308.01 (a), such insurer or other entity acting on behalf of such insurer, shall submit to the commissioner a detailed explanation of how it will use this information. Such submission shall be made separately from the filing of underwriting or rating criteria.
(c) In order to meet the requirements of (a) or (b) above, any filing pursuant to this chapter shall include, in addition to the statistical validation or other explanation:
- (1) The insurance score or consumer report criteria or parameters used in any rate calculation; and
- (2) The numerical rating factors corresponding to (1) above.
(d) No model, algorithm, computer program, or other process submitted under Ins 3308.01 (a), or other use of information obtained from consumer reports, shall be:
- (1) Contrary to any provision of RSA 417-A or RSA 417-B;
(2) Contrary to the provisions of RSA 417:4, VIII(e) or based in whole or in part on:
- a. Income;
- b. Sexual orientation;
- c. Gender;
- d. Religion;
- e. Blindness; or
- f. Any other physical handicap or disability; or
- (3) In violation of this chapter or RSA 417:4, VIII(g).
- (e) The submissions, and accompanying supporting information, required in accordance with (a) and (b) above shall be filed with the commissioner and approved in accordance with RSA 412:15, III and RSA 412:16.
Source. #7658, eff 9-1-02; ss by #8052, eff 7-1-04; ss by #9634, eff 7-1-10; ss by #12599, eff 8-3-18