West Virginia Issued Bulletin No. 24-06 RE: Artificial ‎Intelligence

On August 9, 2024, the West Virginia Office of the Insurance Commissioner issued Bulletin 24-06 on Artificial Intelligence Systems (“Bulletin”). The Bulletin is applicable to “all insurers authorized to do business in West Virginia.” The Bulletin does not adopt the entire NAIC Model Bulletin on the Use of AIS by Insurers (“NAIC Bulletin”) verbatim; however, the language and concepts included in the Bulletin and largely track the NAIC Bulletin and often verbatim. For example, similarities between the two bulletins include:

• Definition of AI Systems
• Recognition of the NAIC Principles of Artificial Intelligence adopted by the NAIC in 2020
• AIS Program – General Guidelines
• AIS Program Governance Guidelines
• Risk Management and Internal Controls Guidelines
• Third-Party AI Systems and Data Guidelines

The Bulletin differs from the NAIC Bulletin, for example, as follows:

• Leaves out much of the language in the NAIC Bulletin relating to “Introduction, Background, and Legislative Authority,” but does reinforce the idea that existing laws apply to the use of AI Systems by insurers.
• Leaves out the section in the NAIC Bulletin on “Regulatory Oversight and Examination Considerations.” However, the Bulletin contains language reiterating the Office of the Insurance Commissioner’s authority to look at an insurer’s use of AI Systems through investigations and market conduct examinations.

Read the West Virginia Bulletin.

Please refer to list of AI Insurance Guidance below.

NAIC AI Model Bulletin – Adopted States

• Alaska: Bulletin B 24-01 – Adopted February 1, 2024
• Arkansas: Bulletin 13-2024 – Adopted July 31, 2024
• Connecticut: Bulletin No. MC-25 – Adopted February 26, 2024
• DC: Bulletin 24-IB-002-05/21 – Adopted May 21, 2024
• Illinois: Company Bulletin 2024-08 – Adopted March 13, 2024
• Kentucky: Bulletin No. 2024-02 – Adopted April 16, 2024
• Maryland: Bulletin No. 24-11 – Adopted April 22, 2024
• Michigan: Bulletin2024-20-INS – Adopted August 7, 2024
• Nebraska: Guidance IGD-H1 – Adopted June 11, 2024
• Nevada: Bulletin 24-001 – Adopted February 23, 2024
• New Hampshire: Bulletin Docket #INS 24-011-AB – Adopted February 20, 2024
• Pennsylvania: Insurance Notice 2024-04, 54 Pa.B. 1910 – Issued April 6, 2024
• Rhode Island: Insurance Bulletin No. 2024-03 – Issued March 15, 2024
• Vermont: Insurance Bulletin No. 229 – Adopted March 12, 2024
• Virginia: Administrative Letter 2024-01 – Issued July 22. 2024
• Washington: Technical Assistance Advisory 2024-02 – Adopted April 22, 2024

Other AI Insurance Department Guidance

• Colorado: Bulletin B-10.003 – Issued May 24, 2024
• Colorado: Bulletin B-10.001 – Issued December 4, 2023
• Colorado: 3 CCR 702 Reg. 10-1-1 et seq. – Dated July 23, 2023
• Colorado: Colo. Rev. Stat. s 10-3-1104.9 – Effective November 14, 2023
• New York: DFS Circular Letter No. 7 – Issued July 11, 2024
  • New York: DFS Proposed Insurance Circular Letter – Issued January 17, 2024

Please contact your Locke Lord LLP attorney if you have any additional questions.

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