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 Bulleting”) 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.