Section 2806. Filing  


Latest version.
  • (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.