The Nationwide Affiliation of Insurance coverage Commissioners (“NAIC”) has created a brand new Third-Celebration Knowledge and Fashions (H) Activity Drive which is charged with growing and proposing a framework for the regulatory oversight of third-party information and predictive fashions. On the Spring Nationwide Assembly in Phoenix, the Chair of this process pressure, Colorado[1] Insurance coverage Commissioner Michael Conway, knowledgeable these in attendance that the duty pressure anticipates a two-year workplan. The primary 12 months (2024) can be primarily reality discovering whereas in the course of the second 12 months (2025) the duty pressure will draft some type of mannequin – whether or not that mannequin is a bulletin, steerage, regulation, or act stays to be decided.[2] The Chair anticipates another regulator to regulator assembly, following which a draft workplan could also be uncovered to the general public.
Florida Commissioner Yaworsky, as Activity Drive Vice Chair, launched Donna Sirmons from the Florida State Board of Administration to current on Florida’s distinctive Fee on Hurricane Loss Projection Methodology (the “Fee”). The Fee, created in 1995, funded out of the Florida Hurricane Disaster Fund, consisting of material specialists, together with a statistician, meteorologist, hydrologist, structural engineer, a number of actuaries, and representatives from completely different state authorities, evaluates laptop simulation fashions and actuarial methodologies for hurricane loss and flood loss projections utilized in residential property insurance coverage charge filings. This analysis course of consists of on-site audits. Up to now, solely long-term fashions have been reviewed and located acceptable. Hurricane and flood fashions are reviewed independently.
Ms. Sirmons said that the Fee’s work has reworked the black field[3] of hurricane and flood pricing fashions in Florida to a glass field whereas defending the proprietary nature of the fashions being evaluated.[4] In response to questions from the regulators on the duty pressure, Ms. Sirmons described the 8-10 month timeframe for overview and audit of an present mannequin. Ms. Sirmons’ presentation supplied meals for thought for the regulators and trade representatives in attendance as the duty pressure considers this far reaching cost.
[1] It’s price noting that Colorado is an early actor within the regulation of synthetic intelligence and massive information by insurance coverage companies following the enactment of SB-169 in 2021 and subsequent promulgation of implementing rules in distinction to the handful of states which have issued bulletins or different administrative steerage, often based mostly on the NAIC Model Bulletin on the Use of Artificial Intelligence Systems by Insurers, which asserts authority derived from pre-existing legislation such because the Unfair Trade Practices Act.
[2] Such an NAIC mannequin wouldn’t be self-executing, however would require some type of implementing motion by particular person states.
[3] On this context a black field means a system by which the ultimate consumer or buyer can not see the inside workings producing the ultimate end result.
[4] Florida legislation exempts a lot of the Fee’s technical work from state public file legal guidelines.
