[§431:2D-111]  Data collection andparticipation in national market conduct databases.  (a)  The commissionershall collect and report market data to the market information systems of theNational Association of Insurance Commissioners, including the complaintdatabase system, the examination tracking system, and the regulatoryinformation retrieval system, or other comparable successor products asdetermined by the commissioner.  In addition to complaint data, the accuracy ofinsurer-specific information reported to the National Association of InsuranceCommissioners to be used for market analysis purposes or as the basis formarket conduct actions shall be reviewed by appropriate personnel in theinsurance division and by the insurer.

(b)  Information collected and maintained bythe insurance division shall be compiled in a manner that meets therequirements of the National Association of Insurance Commissioners.

(c)  After completion of any level of marketanalysis, prior to further market conduct action, the commissioner shallcontact the insurer to review the analysis.

(d)  An insurer responding to a commissioner'srequest to produce information shall produce it as it is kept in the usualcourse of business or shall organize and label it to correspond with thecategories in the demand.

If a commissioner's request does not specifythe form or forms for producing electronically stored information, an insurerresponding to the request shall produce the information in a form or forms inwhich the insurer ordinarily maintains it or in a form or forms that arereasonably usable.

An insurer responding to an information requestneed not produce the same electronically stored information in more than oneform.

An insurer responding to an information requestneed not provide the electronically stored information from sources that theinsurer identifies as not reasonably accessible because of undue burden orcost. [L 2007, c 227, pt of §1]