§ 27-1-36-45 — Confidential information

Indiana § 27-1-36-45

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 36: Risk Based Capital Requirements

Text

(a) Because they contain information that
might be damaging to an insurer if made available to the insurer's
competitors, the following are declared confidential for purposes of IC 5-14-3-4 and are not subject to inspection and copying by the public
under IC 5-14-3-3:
(1) An RBC report filed with the commissioner under this
chapter, to the extent that the information in the report is not
required to be provided in a publicly available annual statement
schedule.
(2) An RBC plan filed with the commissioner under this chapter,
including:
(A) the results or report of any examination or analysis of an
insurer performed under the plan; and
(B) any corrective order issued by the commissioner under the
examination or analysis.
(b) The information described in subsection (a):
(1) must be kept confidential by the commissioner;
(2) shall not be made public; and
(3) is not:
(A) subject to subpoena;
(B) subject to discovery in a private civil action; or
(C) admissible in evidence in a private civil action;
other than by the commissioner and then only for the purpose of
enforcement actions taken by the commissioner under this chapter
or another provision of this title.
(c) The commissioner, or a person receiving documents, materials,
or other information while acting under the authority of the
commissioner, is not permitted or required to testify in a private civil
action concerning confidential information described in subsection (a).
(d) The commissioner may disclose documents, materials, and other
information, including the information described in subsection (a), to:
(1) other state, federal, and international regulatory agencies;
(2) the NAIC and affiliates and subsidiaries of the NAIC; and
(3) state, federal, and international law enforcement authorities;
if the recipient agrees to maintain the confidential and privileged status
of the documents, materials, and other information.
(e) The commissioner:
(1) may receive documents, materials, and other information,
including confidential and privileged documents, materials, and
information, from:
(A) other state, federal, and international regulatory agencies;
(B) the NAIC and affiliates and subsidiaries of the NAIC; and
(C) other state, federal, and international law enforcement
authorities; and
(2) shall maintain as confidential or privileged all documents,
materials, and other information received with notice or the
understanding that the documents, materials, and information are
confidential or privileged under the law of the jurisdiction that is
the source of the documents, materials, and information.
(f) Any applicable privilege or claim of confidentiality in
documents, materials, or information described in this section is not
waived as a result of the disclosure or receipt of the documents,
materials, or information by the commissioner under this section.

Legislative History

As added by P.L.186-1996, SEC.1. Amended by P.L.276-2013, SEC.28.