§ 2327. Verification of driving history. No insurer who utilizes an
applicant's New York state driving history as a rating or underwriting
factor for private passenger motor vehicle insurance in this state shall
bind a policy of insurance, or process a percentage of the annual
premium due for a policy, without first making a good faith effort to
verify said applicant's New York state driving history, as well as the
New York state driving history of all named drivers that are used to
rate the policy and are listed by the applicant on the private passenger
motor vehicle insurance application, through the use of a third-party
database. An insurer also shall verify, through a third-party database,
the New York state driving history of a named driver used to rate the
policy when added during the policy period, unless the New York state
driving history is unavailable at the time of the initial inquiry due to
a temporary website outage, service interruption or other circumstances
beyond the control of the insurer, producer or third-party
representative.