§ 27-12.3-3. Confidentiality.
(a) The statement of actuarial opinion shall be provided with the annual statement in
accordance with the appropriate National Association of Insurance Commissioners property
and casualty annual statement instructions and shall be treated as a public document.
(b)(1) Documents, materials, or other information in the possession or control of the department
of insurance that are considered an actuarial report, work papers, or actuarial opinion
summary provided in support of the opinion, and any other material provided by the
company to the commissioner in connection with the actuarial report, work papers,
or actuarial opinion summary, shall be confidential by law and privileged, shall not
be subject to the access to public records act, § 38-2-1 et seq., shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action.
(2) This provision shall not be construed to limit the commissioner's authority to release
the documents to the actuarial board for counseling and discipline (ABCD) so long
as the material is required for the purpose of professional disciplinary proceedings
and that the ABCD establishes procedures satisfactory to the commissioner for preserving
the confidentiality of the documents, nor shall this section be construed to limit
the commissioner's authority to use the documents, materials, or other information
in furtherance of any regulatory or legal action brought as part of the commissioner's
official duties.
(c) Neither the commissioner nor any person who received documents, materials, or other
information while acting under the authority of the commissioner shall be permitted
or required to testify in any private civil action concerning any confidential documents,
materials, or information subject to subsection (b).
(d) In order to assist in the performance of the commissioner's duties, the commissioner:
(1) May share documents, materials, or other information, including the confidential and
privileged documents, materials, or information subject to subsection (b) with other
state, federal, and international regulatory agencies, with the National Association
of Insurance Commissioners and its affiliates and subsidiaries, and with 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 and has the legal authority to maintain confidentiality.
(e) 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 (d).