§ 26-48-108 — Confidentiality and prohibition on announcements

(a) To the extent the information therein is not required
to be set forth in a publicly available annual statement
schedule, all RBC reports and RBC plans, including the results
or report of any examination or analysis of an insurer performed
pursuant to this article, and any corrective order issued by the
commissioner pursuant to examination or analysis, with respect
to any domestic insurer or foreign insurer which are filed with
the commissioner constitute information that might be damaging
to the insurer if made available to its competitors, and shall
be kept confidential by the commissioner. This information
shall not be made public, other than by the commissioner and
then only for the purpose of enforcement actions taken by the
commissioner pursuant to this article or any other provision of
the insurance laws of this state. W.S. 16-4-201 through
16-4-205 shall not apply to the documents or information
described in this section.
(b) Except as otherwise required under the provisions of
this article, making, publishing, disseminating, circulating or
placing before the public, an advertisement, announcement or
statement containing a representation or statement with regard
to the RBC levels of any insurer, or of any component derived in
the calculation, by any insurer, agent, broker or other person
engaged in any manner in the insurance business is prohibited.
If any materially false statement with respect to the comparison
regarding an insurer's total adjusted capital to its RBC levels,
or any of them, or an inappropriate comparison of any other
amount to the insurers' RBC levels is published in any written
publication and the insurer is able to demonstrate to the
commissioner with substantial proof of the falsity or
inappropriateness of the statement, the insurer may publish an
announcement in a written publication for the sole purpose of
rebutting the statement.