Regulation — New York State

NY DFS Insurance Circular Letter No. 7 (2024) — AI + external consumer data

New York Department of Financial Services issued Circular Letter No. 7 on July 11, 2024. It applies to every NY-authorized insurer using AI systems or external consumer data / information sources (ECDIS) in underwriting or pricing. NY DFS uses circular letters to state supervisory expectations that carry practical weight in market-conduct exams.

What the regulation actually says

"Insurers should develop and implement a written program for the responsible use of ECDIS and AIS … that includes governance, risk management, and internal controls, and includes senior management and board oversight." NY DFS Circular Letter No. 7, Section III (July 11, 2024) — governance requirement
"Insurers should conduct testing to assess the potential for unfair or unlawful discrimination … before deploying an AIS or ECDIS in an insurance decision, and periodically thereafter." NY DFS Circular Letter No. 7, Section III — unfair-discrimination testing
"The Department expects insurers to be able to explain to consumers … the specific reasons for an adverse underwriting decision resulting from the use of ECDIS or AIS." NY DFS Circular Letter No. 7, Section IV — adverse-decision transparency

What this means in plain English

Three New York-specific obligations layered on top of the NAIC baseline:

  1. Written AI + ECDIS program. Same shape as the NAIC Bulletin, but NY DFS will audit against it during market-conduct exams.
  2. Pre-deployment + periodic testing. Testing timing is spelled out: before the AI or ECDIS goes live in NY, and on a recurring cadence after.
  3. Adverse-decision reason-giving. NY consumers can be told the specific ECDIS or AI factor that drove the decision. That maps to a decision-record retention duty on the insurer.

What triggers the exposure in the sample

I3 group decline / refer-SIU lane rate rose 11% to 62% silently. If any affected quotes originated in New York, three separate expectations under Circular Letter No. 7 are now in play: governance (was the AI in the written program?), testing (was pre-deployment + periodic testing done?), and reason-giving (can the specific ECDIS driver be produced to each affected consumer on request?).

What the $499 Snapshot shows against this rule

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How does this help me?

NY DFS market-conduct exams open with a governance + testing question. Having the record on file before the exam letter lands changes the opening stance.

Read: NY DFS -- what it saves you at market-conduct exam →

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