Last Updated 10/20/2023

Issue: As insurers collect more granular data about insurance consumers, state insurance regulators have engaged with the public to learn about what data is available to the industry, how it is being used, and whether it should be used by insurers. Big data refers to a complex volume of data and the set of technologies that analyze and manage it. While the use of big data can aid insurers’ underwriting, rating, marketing, anti-fraud and claim settlement practices, the challenge for insurance regulators is to examine whether it is beneficial or harmful to consumers. Additional consumer concerns include how collected data is safeguarded and how consumer privacy is maintained. Beyond financial and market conduct data collected today, state insurance regulators may need to collect more useful data to allow for greater insight into insurers’ models to further enhance regulation.  

Background: The digital revolution has allowed for the collection, storage, and use of large and diverse amounts of information. For insurance purposes, big data refers to unstructured and/or structured data being used to influence underwriting, rating, pricing, forms, marketing, and claims handling. Structured data refers to data in tables and defined fields. Unstructured data refers to things such as social media postings, reports, and recorded interviews as well as pictures such as satellite imaging. This data is referred to as big data because it is too complex for traditional data processing techniques instead of requiring predictive analytics which allow insurers to use big data to forecast future events. The process uses several techniques—including data mining, statistical modeling, machine learning and, in some cases, narrow artificial intelligence—in its forecasts.  

Insurers use big data in a number of ways. Insurers can use it to:  

• More accurately underwrite, price risk and incentivize risk reduction. Telematics, for example, allows insurers to collect real-time driver behavior and usage data to provide premium discounts and usage based insurance.  

• Enrich customer experience by quickly resolving service issues.  

• Improve marketing effectiveness by tailoring products to individual preferences.  

• Create operating efficiencies by streamlining the application process. An example of this is a pre-filled homeowners application.  

• Facilitate better claims processing by applying machine learning algorithms to outcomes.  

• Reduce fraud through better identification techniques. For example, text analytics can identify potential "red flag" trends across adjusters' reports.  

• Improve solvency through the ability to more accurately assess risk.  

According to YFS Magazine, the implementation of Big Data has resulted in 30% better access to insurance services, 40-70% cost savings, and 60% higher fraud detection rates. However, all disruptive technologies bring challenges. Big data concerns include:  

• Complexity and volume of data may present hurdles for smaller-sized insurers. 

• Insurance regulatory resources for reviewing complex model filings. 

• Lack of transparency and potential for bias in the algorithms used to synthesize big data. 

• Highly individualized rates that lose the benefit of risk pooling. 

• Collection of sensitive information which could lead to intentional or unintentional discriminatory behavior.

• Cyberthreats to stored data. 

Status: The age of big data brings both positive and negative impacts to society. The job of state insurance regulators is to ensure regulations and regulatory activities sufficiently protect consumers from harm. To assist with this, the NAIC created the Big Data and Artificial Intelligence (H) Working Group, under the Innovation, Cybersecurity, and Technology (H) Committee.  

The Working Group is charged with researching the use of big data and artificial intelligence (AI) in the business of insurance and evaluating existing regulatory frameworks for overseeing and monitoring their use. As part of this, they will review current audit and certification processes and assess data needs and required tools for state insurance regulators to appropriately monitor the insurance marketplace. The NAIC’s Accelerated Underwriting (A) Working Group is also focused on providing regulatory guidance related to overseeing insurer activities in that space. The NAIC's Privacy Protections (H) Working Group is also developing an updated Privacy Model Law to modernize the standards for the collection, processing, retention, or sharing of consumers' personal information by the insurance industry.

Additionally, the Casualty Actuarial and Statistical (C) Task Force has published the Regulatory Review of Predictive Models White Paper to identify best practices for the review of predictive models and analytics filed by insurers with regulators to justify rates and to provide state guidance for the review of these rating filings.