Circular Letter No. 2 (2007)

January 29, 2007

STATUTORY REFERENCE:  Insurance Law Section 409

There will be a significant change to the filing of the Annual SIU Report with the New York State Insurance Department (NYSID), Frauds Bureau. In addition to a signed hard copy of the report, the data required in the current reporting forms should be submitted electronically through a secured environment in the NYSID's Portal utilizing an online e-Form. As in past years, the due date of the signed Annual SIU Report is January 15. Each filing company must create a Portal account. Instructions for creating a Portal account and transmitting the report data via the Web e-Form application will be communicated to each company with an anti-fraud plan on file via email. Instructions for creating a Portal account and submitting electronically via the Portal will also be available on the Department's website.

Beginning in 2008, all Annual SIU Reports should be filed electronically via the Department Portal, only.

New York State Insurance Law Section 409(a) provides in pertinent part, "Every insurer writing private or commercial automobile insurance, workers’ compensation insurance or individual, group or blanket accident and health insurance policies issued or issued for delivery in this state, except for insurers that write less than three thousand of such policies, issued or issued for delivery in this state annually…shall...file with the superintendent a plan for the detection, investigation and prevention of fraudulent insurance activities in this state and those fraudulent insurance activities affecting policies issued or issued for delivery in this state."

Section 409(g) states in part, "Every insurer required to file a fraud prevention plan shall report to the superintendent on an annual basis, no later than January fifteenth, describing the insurer's experience, performance and cost effectiveness in implementing the plan, utilizing such forms as the superintendent may prescribe."

Additional information will be provided to each company with an anti-fraud plan on file. Instructions for establishing an account to transmit this data will be available on the Department's Web site.