Cal. Code Regs. Tit. 10, § 2632.15 - Data Retention
(a) Every insurer offering or issuing a
policy of automobile insurance shall collect and retain the data listed in this
subsection. All data requirements apply only to an insurer's direct business.
If an insurer does not in any way use or collect an item listed in subsection
(3) below for any individual insured, they are not required to collect and
report the item. This file will be referred to as the "Current File". Insurers
are required to collect and retain data on the listed factors, they are not
required to use these factors in calculating premiums.
(1) All data must be kept in a computer file
that allows for the insurer to place the data on computer media (tape,
cartridge or disk). All data must be recorded in a raw, ungrouped format in a
manner specified by the Commissioner.
(2) Every insurer shall begin collecting the
data for current policy holders, beginning with all renewals effective on or
after 180 days after the effective date of these regulations.
(3) The following items shall be kept for
every currently insured vehicle:
(A) The
latest effective or renewal date of the policy;
(B) The number of drivers assigned to this
vehicle;
(C) The following
information for the rated driver on this vehicle (as of the last renewal date
for this policy or date of latest coverage or vehicle change). To the extent
that it is available, all violation and accident data shall cover a minimum of
six years.
1. The total number of
convictions.
2. The date and
California vehicle code section (or its equivalent) of each
violation.
3. The total number of
at-fault BI accidents with over $500 damage.
4. The date of each at-fault BI accidents
with over $500 damage.
5. The total
number of at-fault non-BI accidents with over $500 damage.
6. The date of each at-fault non-BI accidents
with over $500 damage.
7. Number of
years since the last at-fault BI accident with over $500 in damage.
8. Number of years since the last at-fault
non-BI accident with over $500 in damage.
9. Number of years since the last
convictions.
10. Gender.
11. Martial status (legally married, single
or widowed only).
12. Percentage
use this driver.
13. Years licensed
to drive.
14. Age.
15. Smoker status.
16. Academic status. Indicator to describe if
the driver is a student and if so if they qualify for a good student
discount.
17. Senior defensive
driver discount eligibility.
18.
Driver training status.
19. Any
other driver related factors the Commissioner has approved and the insurer
uses.
(D) The same
information listed under (C) shall also be kept for every driver assigned to
this vehicle. Data for each driver shall only be kept for one vehicle, unless
there are excess vehicles in which case the data under (C) shall include the
data for the driver that puts the most mileage on the excess vehicle.
(E) Additional vehicle indicator. This is
used for insureds that have more vehicles than drivers where there is no rated
driver.
(F) Zip Code of the
vehicle's location.
(G) Type of use
indicator (pleasure only, business, commute, etc.).
(H) Weekly commute miles.
(I) Vehicle model year.
(J) Vehicle value (price group)
code.
(K) Vehicle type; auto, light
pickup truck, van, heavy truck, Motorcycle, antique auto or other.
(L) Vehicle performance type.
(M) Limits and deductibles, separately for
all coverages.
(N) Good driver
discount status.
(O) Multi-vehicle
household.
(P) The number of
semi-annual renewals for this policy.
(Q) Vehicle safety and anti-theft equipment,
including but not limited to:
1. Anti-lock
brake, including number of wheels covered;
2. Air bags, including number and
location;
3. Automatic seat
belts;
4. Anti-theft devices,
including type;
5. Vehicle garaging
status.
(R) Premiums,
separately for each coverage.
(S)
Actual previous years mileage, rounded to the nearest hundred miles.
(T) Estimated current years mileage for the
12 month period beginning with the start of this policy, rounded to the nearest
hundred miles.
(U) Any other
vehicle related factors the Commissioner has approved and the insurer
uses.
(V) Any other factor the
Commissioner has adopted by regulation.
(W) VIN.
(X) Policy number and vehicle
number.
(4) Insurers
shall maintain these data so that they are able to provide them to the
Commissioner within three months of receipt of a request for the
data.
(b) Every insurer
issuing a policy of automobile insurance shall maintain historical
underwriting, loss and exposure data for each calendar year for each of the
latest four years for every insured vehicle. All data requirements apply only
to an insurer's direct business. If an insurer does not in any way use or
collect an item listed in subsection (6) and (7) below for any individual
insured, they are not required to collect and report the item. This data shall
be kept in two files with records kept by each vehicle. One file will be
referred to as the "Historical Exposure File", and the other file will be
referred to as the "Historical Losses File".
(1) All data must be kept in a computer file
that allows for the insurer to place each Calendar year's data on computer
media (tape, cartridge or disk). All data must be recorded in a raw, ungrouped
format in a manner specified by the Commissioner.
(2) The data shall be kept for a minimum of
four years after the end of each calendar year.
(3) Every insurer shall begin collecting the
data for all policies in effect beginning the first of the quarter after the
effective date of these regulations.
(4) All loss and loss reserve information
shall reflect the loss and loss reserve estimates as of the latest calendar
quarter. The data on losses occurring four years ago shall reflect the reserve
estimates as of the latest quarter. All loss data shall be based on claims
received by the insurer for that coverage as the consequence of a single
incident regardless of the number of claimants.
(5) In the event of a change in any risk
related factors, multiple records per vehicle shall be generated for the
calendar year. A new record shall be generated for the "Historical Exposure
File" each time any of the data in (a)(3)(C) through (V) changes.
(6) The "Historical Exposure File" shall
contain the following items for every insured vehicle for all exposure during
each calendar year:
(A) The data item listed
in Section
2632.15(a);
(B) The termination date of the policy or a
code indicating the policy is still in effect;
(C) Earned premium listed separately for each
coverage;
(D) Earned exposure
listed separately for each coverage.
(7) The "Historical Losses File" shall
contain the following information for each claim as a result of incidents
occurring during the calendar year:
(A) Policy
number and vehicle number. These numbers must match the policy number and
vehicle number in the "Historical Exposure File" for the vehicle to which the
loss is assigned;
(B) Date of
accident;
(C) Number of
claimants;
(D) Total dollar amount
of incurred losses listed separately by coverage and including the latest
estimate of the ultimate loss reserves and loss adjustment reserves as
described in Section
2632.15(b)
Paragraph (4).
(E) Capped losses
for bodily injury liability coverages.
(F) Closed claim indicator by
coverage.
(8) Insurers
shall maintain these data so that they are able to provide them to the
Commissioner within three months of receipt of a request for the
data.
Notes
2. New section filed 7-5-96; operative 8-4-96 (Register 96, No. 27).
Note: Authority cited: Sections 1861.02 and 1861.03, Insurance Code; and Cal-Farm Insurance v. Deukmejian (1989) 48 Cal.3d 805. Reference: Sections 1861.02 and 1861.03, Insurance Code.
2. New section filed 7-5-96; operative 8-4-96 (Register 96, No. 27).
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