<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 31.15.11.11" title_num="31" subtitle_num="15" chapter_num="11" heading="Private Passenger Motor Vehicle Insurance — Inclusion of Information in Rate Filing.">
  <paragraph num="A.">
    <text>In General. With respect to private passenger motor vehicle insurance, an insurer that uses credit history to rate a new policy or another person authorized by the Commissioner to act on behalf of the insurer shall file with the Commissioner as part of the insurer's rate filing under Insurance Article, §11-307, Annotated Code of Maryland:</text>
    <paragraph num="(1)">
      <text>In the insurer's filed rating manual, the rate-related underwriting rule that:</text>
      <paragraph num="(a)">
        <text>Is included in the definition of supplementary rate information in Insurance Article, §11-101(e), Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Defines the credit criteria or ranges of credit scores used to determine application of the rating factor;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The underlying information, including statistical validation, that the insurer relied on for determining the credit criteria or ranges of credit scores that will result in:</text>
      <paragraph num="(a)">
        <text>Provision or removal of a discount or imposition or removal of a surcharge;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Placement of an applicant within a particular tier; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Placement of an applicant with an affiliated insurer;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The rating factor that will be applied to an insured who is placed in a particular tier, placed with a particular affiliated insurer, or provided a particular discount or surcharge;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The underlying information, including statistical validation, that the insurer relied on for determining the rating factor;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>In the use of credit scoring, and at the request of the Commissioner, the algorithm, computer program, model, or other process that is used in determining a credit score; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>At the request of the Commissioner, the underlying information, including statistical validation, that was relied on to develop the algorithm, computer program, model, or other process that is used in determining a credit score.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Use of Information Not Filed Prohibited. An insurer may not use any credit criteria or credit score wholly or partly as a basis for rating a policy if:</text>
    <paragraph num="(1)">
      <text>The credit criteria or credit score is directly or indirectly derived from any information that the insurer is required to file with the Commissioner under §A of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The insurer fails to file the information with the Commissioner.</text>
    </paragraph>
  </paragraph>
</regulation>