§ 27-71-12. Data collection and participation in national market conduct databases.
(a) The commissioner shall collect and report market data to the NAIC's market information
systems, including the complaint database system, the examination tracking system,
and the regulatory information retrieval system, or other comparable successor NAIC
products as determined by the commissioner. In addition to complaint data, the accuracy
of insurer-specific information reported to the NAIC to be used for market analysis
purposes or as the basis for market conduct actions shall be reviewed by appropriate
personnel in the department of business regulation
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§ 27-71-12. Data collection and participation in national market conduct databases.
(a) The commissioner shall collect and report market data to the NAIC's market information
systems, including the complaint database system, the examination tracking system,
and the regulatory information retrieval system, or other comparable successor NAIC
products as determined by the commissioner. In addition to complaint data, the accuracy
of insurer-specific information reported to the NAIC to be used for market analysis
purposes or as the basis for market conduct actions shall be reviewed by appropriate
personnel in the department of business regulation and by the insurer.
(b) Information collected and maintained by the department of business regulation shall
be compiled in a manner that meets the requirements of the NAIC.
(c) After completion of any level of market analysis, prior to further market conduct
action, the state shall contact the insurer to review the analysis.
(d)(1) A company responding to a commissioner's request to produce information shall produce
it as it is kept in the usual course of business or shall organize and label it to
correspond with the categories in the demand.
(2) If a commissioner's request does not specify the form or forms for producing electronically
stored information, a company responding to the request must produce the information
in a form or forms in which the company ordinarily maintains it or in a form or forms
that are reasonably usable.
(3) A company responding to an information request need not produce the same electronically
stored information in more than one form.
(e) Whether through market analysis, market conduct action, or in response to another
regulatory request, any information provided in response to a data call from the commissioner
shall be treated as confidential and privileged. It shall not be subject to subpoena
and shall not be subject to discovery or admissible in evidence in any private civil
action. No waiver of privilege or confidentiality shall occur as a result of responding
to such data call.