§431:2D-111 - Data collection and participation in national market conduct databases.
[§431:2D-111] Data collection and
participation in national market conduct databases. (a) The commissioner
shall collect and report market data to the market information systems of the
National Association of Insurance Commissioners, including the complaint
database system, the examination tracking system, and the regulatory
information retrieval system, or other comparable successor products as
determined by the commissioner. In addition to complaint data, the accuracy of
insurer-specific information reported to the National Association of Insurance
Commissioners to be used for market analysis purposes or as the basis for
market conduct actions shall be reviewed by appropriate personnel in the
insurance division and by the insurer.
(b) Information collected and maintained by
the insurance division shall be compiled in a manner that meets the
requirements of the National Association of Insurance Commissioners.
(c) After completion of any level of market
analysis, prior to further market conduct action, the commissioner shall
contact the insurer to review the analysis.
(d) An insurer responding to a commissioner's
request to produce information shall produce it as it is kept in the usual
course of business or shall organize and label it to correspond with the
categories in the demand.
If a commissioner's request does not specify
the form or forms for producing electronically stored information, an insurer
responding to the request shall produce the information in a form or forms in
which the insurer ordinarily maintains it or in a form or forms that are
reasonably usable.
An insurer responding to an information request
need not produce the same electronically stored information in more than one
form.
An insurer responding to an information request
need not provide the electronically stored information from sources that the
insurer identifies as not reasonably accessible because of undue burden or
cost. [L 2007, c 227, pt of §1]