Indiana § 27-1-12.8-37 Confidential information

Indiana Statutes

§ 27-1-12.8-37 — Confidential information

Indiana § 27-1-12.8-37

Title 27INSURANCE

Art. 1DEPARTMENT OF INSURANCE

Ch. 12.8Standard Valuation Law

This text of Indiana § 27-1-12.8-37 (Confidential information) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 27-1-12.8-37 (2026).

Text

(a)Except as provided in this section and section 38 of this chapter, a company's confidential information is:

(1)confidential by law and privileged;

(2)not subject to subpoena; and

(3)not subject to discovery or admissible in evidence in a private civil action. However, the commissioner may use confidential information in the furtherance of a regulatory or legal action brought against the company as a part of the commissioner's duties.

(b)The commissioner, or a person receiving confidential information while acting under the authority of the commissioner, is not permitted or required to testify in a private civil action concerning confidential information.

(c)The commissioner may disclose confidential information to:

(1)other state, federal, and international regulatory agencies; (

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(a) Except as provided in this section and
section 38 of this chapter, a company's confidential information is:
(1) confidential by law and privileged;
(2) not subject to subpoena; and
(3) not subject to discovery or admissible in evidence in a private
civil action.
However, the commissioner may use confidential information in the
furtherance of a regulatory or legal action brought against the company
as a part of the commissioner's duties.
(b) The commissioner, or a person receiving confidential
information while acting under the authority of the commissioner, is
not permitted or required to testify in a private civil action concerning
confidential information.
(c) The commissioner may disclose confidential information to:
(1) other state, federal, and international regulatory agencies;
(2) the NAIC and affiliates and subsidiaries of the NAIC;
(3) only in the case of confidential information specified in
section 5(1) and 5(4) of this chapter, the Actuarial Board for
Counseling and Discipline upon request stating that the
confidential information is required for professional disciplinary
proceedings; and
(4) state, federal, and international law enforcement authorities;
if the recipient agrees, and has the legal authority to agree, to maintain
the confidential and privileged status of the confidential information in
the same manner and to the same extent as required for the
commissioner.
(d) The commissioner:
(1) may receive confidential information, including privileged
confidential information, from:
(A) other state, federal, and international regulatory agencies;
(B) the NAIC and affiliates and subsidiaries of the NAIC;
(C) the Actuarial Board for Counseling and Discipline; and
(D) other state, federal, and international law enforcement
authorities; and
(2) shall maintain as confidential or privileged all confidential
information received with notice or the understanding that the
confidential information is confidential or privileged under the
law of the jurisdiction that is the source of the confidential
information.
(e) The commissioner may enter into agreements governing sharing
and use of information consistent with this section.
(f) Any applicable privilege or claim of confidentiality in
confidential information described in this section is not waived as a
result of the disclosure or receipt of the confidential information by the
commissioner under this section.
(g) A privilege established under the law of any state or jurisdiction
that is substantially similar to the privilege established under this
section is available and must be enforced in a proceeding in and by any
court of this state.
(h) For purposes of this section, "regulatory agency", "law
enforcement agency", and "NAIC" include employees, agents,
consultants, and contractors of a regulatory agency, law enforcement
agency, and NAIC.