Cal. Code Regs. tit. 10 § 2632.15

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2632.15 - Data Retention

(a) Every insurer offering or issuing a policy of automobile insurance shall collect and retain the data listed in this subsection. All data requirements apply only to an insurer's direct business. If an insurer does not in any way use or collect an item listed in subsection (3) below for any individual insured, they are not required to collect and report the item. This file will be referred to as the "Current File". Insurers are required to collect and retain data on the listed factors, they are not required to use these factors in calculating premiums.

(1) All data must be kept in a computer file that allows for the insurer to place the data on computer media (tape, cartridge or disk). All data must be recorded in a raw, ungrouped format in a manner specified by the Commissioner.

(2) Every insurer shall begin collecting the data for current policy holders, beginning with all renewals effective on or after 180 days after the effective date of these regulations.

(3) The following items shall be kept for every currently insured vehicle:

(A) The latest effective or renewal date of the policy;

(B) The number of drivers assigned to this vehicle;

(C) The following information for the rated driver on this vehicle (as of the last renewal date for this policy or date of latest coverage or vehicle change). To the extent that it is available, all violation and accident data shall cover a minimum of six years.

1. The total number of convictions.

2. The date and California vehicle code section (or its equivalent) of each violation.

3. The total number of at-fault BI accidents with over $500 damage.

4. The date of each at-fault BI accidents with over $500 damage.

5. The total number of at-fault non-BI accidents with over $500 damage.

6. The date of each at-fault non-BI accidents with over $500 damage.

7. Number of years since the last at-fault BI accident with over $500 in damage.

8. Number of years since the last at-fault non-BI accident with over $500 in damage.

9. Number of years since the last convictions.

10. Gender.

11. Martial status (legally married, single or widowed only).

12. Percentage use this driver.

13. Years licensed to drive.

14. Age.

15. Smoker status.

16. Academic status. Indicator to describe if the driver is a student and if so if they qualify for a good student discount.

17. Senior defensive driver discount eligibility.

18. Driver training status.

19. Any other driver related factors the Commissioner has approved and the insurer uses.

(D) The same information listed under (C) shall also be kept for every driver assigned to this vehicle. Data for each driver shall only be kept for one vehicle, unless there are excess vehicles in which case the data under (C) shall include the data for the driver that puts the most mileage on the excess vehicle.

(E) Additional vehicle indicator. This is used for insureds that have more vehicles than drivers where there is no rated driver.

(F) Zip Code of the vehicle's location.

(G) Type of use indicator (pleasure only, business, commute, etc.).

(H) Weekly commute miles.

(I) Vehicle model year.

(J) Vehicle value (price group) code.

(K) Vehicle type; auto, light pickup truck, van, heavy truck, Motorcycle, antique auto or other.

(L) Vehicle performance type.

(M) Limits and deductibles, separately for all coverages.

(N) Good driver discount status.

(O) Multi-vehicle household.

(P) The number of semi-annual renewals for this policy.

(Q) Vehicle safety and anti-theft equipment, including but not limited to:

1. Anti-lock brake, including number of wheels covered;

2. Air bags, including number and location;

3. Automatic seat belts;

4. Anti-theft devices, including type;

5. Vehicle garaging status.

(R) Premiums, separately for each coverage.

(S) Actual previous years mileage, rounded to the nearest hundred miles.

(T) Estimated current years mileage for the 12 month period beginning with the start of this policy, rounded to the nearest hundred miles.

(U) Any other vehicle related factors the Commissioner has approved and the insurer uses.

(V) Any other factor the Commissioner has adopted by regulation.

(W) VIN.

(X) Policy number and vehicle number.

(4) Insurers shall maintain these data so that they are able to provide them to the Commissioner within three months of receipt of a request for the data.

(b) Every insurer issuing a policy of automobile insurance shall maintain historical underwriting, loss and exposure data for each calendar year for each of the latest four years for every insured vehicle. All data requirements apply only to an insurer's direct business. If an insurer does not in any way use or collect an item listed in subsection (6) and (7) below for any individual insured, they are not required to collect and report the item. This data shall be kept in two files with records kept by each vehicle. One file will be referred to as the "Historical Exposure File", and the other file will be referred to as the "Historical Losses File".

(1) All data must be kept in a computer file that allows for the insurer to place each Calendar year's data on computer media (tape, cartridge or disk). All data must be recorded in a raw, ungrouped format in a manner specified by the Commissioner.

(2) The data shall be kept for a minimum of four years after the end of each calendar year.

(3) Every insurer shall begin collecting the data for all policies in effect beginning the first of the quarter after the effective date of these regulations.

(4) All loss and loss reserve information shall reflect the loss and loss reserve estimates as of the latest calendar quarter. The data on losses occurring four years ago shall reflect the reserve estimates as of the latest quarter. All loss data shall be based on claims received by the insurer for that coverage as the consequence of a single incident regardless of the number of claimants.

(5) In the event of a change in any risk related factors, multiple records per vehicle shall be generated for the calendar year. A new record shall be generated for the "Historical Exposure File" each time any of the data in (a)(3)(C) through (V) changes.

(6) The "Historical Exposure File" shall contain the following items for every insured vehicle for all exposure during each calendar year:

(A) The data item listed in Section 2632.15(a);

(B) The termination date of the policy or a code indicating the policy is still in effect;

(C) Earned premium listed separately for each coverage;

(D) Earned exposure listed separately for each coverage.

(7) The "Historical Losses File" shall contain the following information for each claim as a result of incidents occurring during the calendar year:

(A) Policy number and vehicle number. These numbers must match the policy number and vehicle number in the "Historical Exposure File" for the vehicle to which the loss is assigned;

(B) Date of accident;

(C) Number of claimants;

(D) Total dollar amount of incurred losses listed separately by coverage and including the latest estimate of the ultimate loss reserves and loss adjustment reserves as described in Section 2632.15(b) Paragraph (4).

(E) Capped losses for bodily injury liability coverages.

(F) Closed claim indicator by coverage.

(8) Insurers shall maintain these data so that they are able to provide them to the Commissioner within three months of receipt of a request for the data.

Cal. Code Regs. Tit. 10, § 2632.15

1. Certificate of Compliance as to 3-17-94 order including repealer of article 5 heading and repealer and new section heading transmitted to OAL 7-12-94 and filed 8-23-94; operative 9-22-94 (Register 94, No. 34). For prior history, see Register 94, No. 11.
2. New section filed 7-5-96; operative 8-4-96 (Register 96, No. 27).

Note: Authority cited: Sections 1861.02 and 1861.03, Insurance Code; and Cal-Farm Insurance v. Deukmejian (1989) 48 Cal.3d 805. Reference: Sections 1861.02 and 1861.03, Insurance Code.