§ 26.1-02.1-07 — Confidentiality

North Dakota § 26.1-02.1-07

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-02.1: Insurance Fraud

Text

1. Any documents, materials, or other information in the possession or control of the
commissioner which are provided pursuant to section 26.1-02.1-06 or obtained by the
commissioner in an investigation of suspected or actual fraudulent insurance acts are
confidential by law and privileged, not subject to subpoena, and not subject to
discovery or admissible in evidence in any private 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.
2. Neither the commissioner nor any person who received documents, materials, or other
information while acting under the authority of the commissioner may be permitted or
required to testify in any private civil action concerning any confidential documents,
materials, or information subject to subsection 1.
3. In order to assist in the performance of the commissioner's duties, the commissioner
may:
a. Share documents, materials, or other information, including the confidential and
privileged documents, materials, or information subject to subsection 1 with other
state, federal, and international regulatory agencies, with the national association
of insurance commissioners and its affiliates and subsidiaries, and with local,
state, 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;
b. Receive documents, materials, or information, including otherwise confidential
and privileged documents, materials, or information from the national association
of insurance commissioners 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; and
c. Enter into agreements governing sharing and use of information consistent with
this subsection.
4. A privilege or claim of confidentiality in the documents, materials, or information is not
waived as a result of disclosure to the commissioner under this section or as a result
of sharing as authorized in subsection 3.
5. Any investigative information gathered under section 26.1-02.1-06 or 26.1-02.1-08 is
criminal investigative information and may not be disclosed except as provided under
section 44-04-18.7.