(a) Any documents, materials, or other information in the possession or control of the Office of the Insurance Commissioner that are obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to § 4407 of this title and all reports filed pursuant to §§ 4405 and 4406 of this title shall be confidential by law and privileged, shall not be subject to public inspection, or admissible in evidence in any civil action. However, the Commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties. The Commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving notice and opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by the publication thereof, in which event the Commissioner may publish all or any part of such documents, materials, or other information in such manner as may be deemed appropriate.
(b) Neither the Commissioner nor any person who received documents, materials or other information while acting under the authority of the Commissioner shall be permitted to testify in any civil action concerning any confidential documents, materials, or information subject to subsection (a).
(c) In the performance of his/her duties, the Commissioner:
(1) May share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (a), with other federal and international regulatory agencies, with the NAIC and its affiliates and subsidiaries, and with federal and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.
(2) May receive documents, materials, or information, including otherwise confidential and privileged documents, materials or information from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information.
(d) No waiver of any applicable privilege or claim of confidentiality in the documents materials, or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection (c).
History —Ins. Code, added as § 44.080 on Mar. 7, 2012, No. 51, § 1, eff. 30 days after Mar. 7, 2012.