Md. Code Regs. 31.15.11.11

Current through Register Vol. 51, No. 12, June 14, 2024

Section 31.15.11.11 - Private Passenger Motor Vehicle Insurance - Inclusion of Information in Rate Filing

A. In General. With respect to private passenger motor vehicle insurance, an insurer that uses credit history to rate a new policy or another person authorized by the Commissioner to act on behalf of the insurer shall file with the Commissioner as part of the insurer's rate filing under Insurance Article, § 11-307, Annotated Code of Maryland:

(1) In the insurer's filed rating manual, the rate-related underwriting rule that:

(a) Is included in the definition of supplementary rate information in Insurance Article, § 11-101(e), Annotated Code of Maryland; and

(b) Defines the credit criteria or ranges of credit scores used to determine application of the rating factor;

(2) The underlying information, including statistical validation, that the insurer relied on for determining the credit criteria or ranges of credit scores that will result in:

(a) Provision or removal of a discount or imposition or removal of a surcharge;

(b) Placement of an applicant within a particular tier; or

(c) Placement of an applicant with an affiliated insurer;

(3) The rating factor that will be applied to an insured who is placed in a particular tier, placed with a particular affiliated insurer, or provided a particular discount or surcharge;

(4) The underlying information, including statistical validation, that the insurer relied on for determining the rating factor;

(5) In the use of credit scoring, and at the request of the Commissioner, the algorithm, computer program, model, or other process that is used in determining a credit score; and

(6) At the request of the Commissioner, the underlying information, including statistical validation, that was relied on to develop the algorithm, computer program, model, or other process that is used in determining a credit score.

B. Use of Information Not Filed Prohibited. An insurer may not use any credit criteria or credit score wholly or partly as a basis for rating a policy if:

(1) The credit criteria or credit score is directly or indirectly derived from any information that the insurer is required to file with the Commissioner under §A of this regulation; and

(2) The insurer fails to file the information with the Commissioner.

Md. Code Regs. 31.15.11.11