The purpose of this circular letter is to advise insurers authorized to write life insurance in New York of their statutory obligations regarding the use of external consumer data and information sources in underwriting for life insurance.

The N.Y. Insurance Law, Executive Law, General Business Law, and federal Civil Rights Act, protect against discrimination for certain classes of individuals. These laws govern the activities of insurers, including the ability of insurers to underwrite based on certain criteria. For example, Insurance Law Article 26 prohibits the use of race, color, creed, national origin, status as a victim of domestic violence, or past lawful travel in any manner, among other things, in underwriting. In addition, Insurance Law  4224(a)(2) and (b)(2) prohibit insurers from refusing to insure or continuing to insure, limiting the amount, extent or kind of coverage, or charging a different rate for the same coverage solely because of the physical or mental disability, impairment or disease, or prior history of the disability or disease of an insured or potential insured except where the refusal, limitation or rate differential is permitted by law or regulation and is based on sound actuarial principles or is related to actual or reasonably anticipated experience. Insurers are responsible for complying with these anti-discrimination laws irrespective of whether they themselves are collecting data and directly underwriting consumers, or relying on external data sources, algorithms of external vendors or predictive models that are intended to be partial or full substitutes for direct underwriting. In short, an insurer may not use an external data source to collect or use information that the insurer would otherwise be prohibited from collecting or using directly.


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Second, an insurer should not use an external data source, algorithm or predictive model in underwriting or rating unless the insurer can establish that the underwriting or rating guidelines are not unfairly discriminatory in violation of Articles 26 and 42. In evaluating whether an underwriting or rating guideline derived from external data sources or information is unfairly discriminatory, an insurer should consider the following questions:

(1) Is the underwriting or rating guideline that is derived, in whole or in part, from external data sources or information supported by generally accepted actuarial principles or actual or reasonably anticipated experience that justifies different results for similarly situated applicants?

(2) Is there a valid explanation or rationale for the differential treatment of similarly situated applicants reflected by the underwriting or rating guideline that is derived, in whole or in part, from external data sources or information?

Importantly, even if statistical data is interpreted to support an underwriting or rating guideline, there must still be a valid rationale or explanation supporting the differential treatment of otherwise like risks. The second part of this inquiry is particularly important where there is no demonstrable causal link between the classification and increased mortality and also where an underwriting or rating guideline has a disparate impact on protected classes.

The Department supports efforts to improve the effectiveness and timeliness of insurance underwriting decisions in order to provide consumers with increased access to financial services consistently with law. Accordingly, an insurer should not use external data sources, algorithms or predictive models in underwriting or rating unless the insurer has determined that the processes do not collect or utilize prohibited criteria and that the use of the external data sources, algorithms or predictive models are not unfairly discriminatory. The insurer must establish that the external data sources, algorithms or predictive models are based on sound actuarial principles with a valid explanation or rationale for any claimed correlation or causal connection. An insurer must also disclose to consumers the content and source of any external data upon which the insurer has based an adverse underwriting decision.

A: There are two tracts available: full (or traditional) underwriting policies and accelerated underwriting policies. Both tracts require that the applicant provide personal information that includes their health and financial history, such as annual earnings. And both tracts will lead to the gathering of your prescription history and motor vehicle report.

The accelerated tract is more streamlined, meaning it allows you to skip medical exams and blood and urine tests. For example, accelerated underwriting incorporates tools and techniques (i.e., algorithms) that predict relative mortality on a variety of behaviors. However, to qualify, an applicant must be in good health and be no older than age 60.

Traditional underwriting takes about 45 to 60 days to complete and typically gives you the best price, if your general health is good. However, given the state of the world, many people are opting for the accelerated version so they can skip the clinic and home health visits.

Insurers are able to gather intel on you through health records (your application will request that you sign a HIPAA-compliant consent form), pharmaceutical databases, motor vehicle reports, public records, and financial statements (especially if you want a life insurance policy for more than $5 million).

What if your medical history is less than ideal? Still apply for life insurance. Have high blood pressure? That does not mean you should wait to get insurance. High blood pressure can lead to other medical issues, such as a stroke or heart disease. And your premiums will only increase if that happens.

Insurance products are issued by Minnesota Life Insurance Company or Securian Life Insurance Company, a New York authorized insurer. Minnesota Life is not an authorized New York insurer and does not do insurance business in New York. Both companies are headquartered in Saint Paul, MN. Property and casualty insurance products are issued by Securian Casualty Company, a New York authorized insurer. Product availability and features may vary by state. Each insurer is solely responsible for the financial obligations under the policies or contracts it issues.

On July 6, 2021, Governor Polis signed Senate Bill (SB) 21-169 into law, which protects Colorado consumers from insurance practices that result in unfair discrimination on the basis of race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identify, or gender expression. The legislation holds insurers accountable for testing their big data systems - including external consumer data and information sources, algorithms, and predictive models - to ensure they are not unfairly discriminating against consumers on the basis of a protected class. SB21-169 requires insurers to take corrective action to address any consumer harms that are discovered.

The rapid expansion of big data has transformed insurance practices. While these tools have the potential to benefit both insurers and consumers by increasing efficiencies, the unchecked use of big data can unintentionally result in harm to Black, indigenous and people of color and other protected groups. SB21-169 requires insurers to demonstrate to the Division of Insurance (Division) how they are testing their data and tools to ensure they do not result in unfair discrimination.

The Division has released a DRAFT PROPOSED Algorithm and Predictive Model Quantitative Testing Regulation for informal comments. All interested stakeholders - including insurance companies, insurance agents/producers, consumer representatives, and other interested parties - are invited to submit written informal comments on this draft regulation by October 26, 2023.

SB21-169 directs the Insurance Commissioner to work with stakeholders (insurance companies, insurance agents/producers, consumer representatives, and other interested parties) before adopting rules on how the companies should test and demonstrate to the Division that their use of big data is not unfairly discriminating against consumers. Separate stakeholder meetings will be held to address specific types of insurance (e.g., life, auto, health), as well as specific insurance practices (e.g., marketing, underwriting, claims management).

The Division is hosting a stakeholder meeting regarding Unfair Discrimination in Insurance Practices, focusing on life insurance underwriting practices, on October 19, from 11:00 - 12:00 pm MT. All interested stakeholders - including insurance companies, insurance agents/producers, consumer representatives, and other interested parties - are invited to participate, and can register by clicking on the button below:

The Division is hosting a stakeholder meeting regarding Unfair Discrimination in Insurance Practices, focusing on underwriting practices in private passenger auto insurance, on November 2, 2023, from 10:00 - 11:00 pm MT. All interested stakeholders - including insurance companies, insurance agents/producers, consumer representatives, and other interested parties - are invited to participate, and can register by clicking on the button below:

Life insurance underwriting is the process of providing an insurer with the information it needs to determine your risk profile so that a company can provide you with a term life or whole life policy that is accurately priced based on your unique situation.

Traditionally underwritten policies include a health questionnaire from the applicant and a detailed medical exam. Accelerated underwriting allows you to get life insurance with no medical exam; however, policies of this kind are more expensive and have lower death benefit limits for your loved ones. Accelerated underwriting incorporates tools and techniques that predict relative mortality on various behaviors. 006ab0faaa

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