Connecticut Insurance Department adopts NAIC model bulletin on AI
March 15, 2024
Connecticut Insurance Department adopts NAIC model bulletin on AIMarch 15, 2024 On February 26, 2024, the Connecticut Insurance Department (the CID) adopted Bulletin No. MC-25 on the “Use of Artificial Intelligence Systems in Insurance” (Connecticut Bulletin). This Connecticut Bulletin is similar to the National Association of Insurance Commissioners (NAIC) Model Bulletin regarding the “Use of Artificial Intelligence Systems by Insurers” (Model Bulletin), which was adopted by the NAIC on December 4, 2023. Connecticut is the third state, after Alaska and New Hampshire, to adopt the Model Bulletin, with additional states expected to adopt it in the near future. In addition, New York has released a proposed circular letter for public comment and Colorado has adopted a regulation (and will likely adopt further regulations requiring insurers to test their use of external data and artificial intelligence for bias) that goes beyond the standards set forth in the Model Bulletin. The Connecticut Bulletin sets forth the expectations of the CID regarding the regulation of insurer’s artificial intelligence systems (AI or AI System) under existing Connecticut insurance law, including the unfair trade practice and unfair discrimination laws. Pursuant to the Connecticut Bulletin, insurers are expected to implement and maintain a written, board-approved program (AIS Program) that will establish a governance framework and risk management controls and specify internal audit’s role in governing the insurer’s use of AI in order to ensure that AI is accurate, reliable, transparent and not being used in an unfairly discriminatory manner. OVERVIEW Purpose. The purpose of the Connecticut Bulletin is to ensure that insurers are aware of CID’s expectations concerning the regulation of AI Systems under existing law. The CID is aware that AI and AI Systems pose unique risks to consumers, including the potential for inaccuracies, unfair discrimination, data vulnerability, lack of transparency and explainability. It expects insurers to take steps to minimize these risks. AI PROGRM GUIDLEINES General Requirements. Under the Connecticut Bulletin, insurers are required to adopt a written AIS Program that sets out a governance and risk management framework for its AI Systems, including AI Systems developed by third-parties. The AIS Program may be incorporated into the insurer’s Enterprise Risk Management (ERM) program or it may stand alone, and it may rely on standards developed by third parties, such as the National Institute of Standards and Technology (NIST) Artificial Intelligence Risk Management Framework, Version 1.0. In addition, the AIS Program should address the following:
Governance. The AI Program requires that the AIS Program include a governance framework which addresses, among other things, the following:
Risk Management. The AI Program should also document the insurer’s risk identification, mitigation and management framework. This risk management framework should address the following, among other things:
Third-Party AI Systems. The AI Program must address the insurer’s process and policies for acquiring, using, relying on and validating any third-party data and AI Systems, which may include, as appropriate, policies and procedures addressing the following:
Regulatory Oversight and Examination. Under the Connecticut Bulletin, CID may conduct investigations or market conduct examinations relating to the insurer’s use of AI. Such investigations can include requests for documentation relating to the insurer’s AIS Program, its governance framework, risk management and internal controls, including any third-party AI Systems. __________ If you have any questions about this Legal Briefing, please feel free to contact any of the attorneys listed or the Eversheds Sutherland attorney with whom you regularly work. Latest Insights
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