The Michigan Department of Insurance and Financial Services (DIFS) published a Bulletin addressed to all property and casualty insurers writing business in the state, advising them that price optimization tactics used in ratemaking are not permitted under Michigan law. 

Price optimization is a method of using data of past consumer behavior in order to charge higher premiums. It analyzes how consumers have reacted to previous premium increases to predict how much the insurer can raise the premium before the consumer would shop for similar insurance from a different insurance company. Some insurers have used a "price elasticity of demand" model where some insureds have been charged higher premiums compared to similar insureds based on the insured's likelihood of switching to another insurance company. These price optimization methods charge premiums based on data that is unrelated to a policyholder's risk of loss.

Michigan Insurance Code states that rates may not be excessive, inadequate, or unfairly discriminatory. Rates are unfairly discriminatory when the difference in rates between two similar insureds are not justified by losses, expenses, or are otherwise not actuarially justified. Rates based on price optimization are considered unfairly discriminatory, and thus illegal under Michigan law. 

DIFS states that the law does not prohibit acceptable grouping of risks by classification in establishing rates, and does not prohibit the use of judgment to modify actuarially calculated rates. Additionally, the use of data analytics in developing rates is permitted by law, when the methodology is not based on an insured's willingness to pay a premium. 

DIFS reviews all rate filings to ensure price optimization is not occurring. Companies making rate filings must attest that they are not using price optimization. Any company using price optimization will be subject to administrative action. Any insured who believes they have been subjected to price optimization or any other unfair practice can file a complaint with DIFS here.

 

The Bulletin can be found here.