§ 26-9-214 — Notification to commissioner of termination

(a) An insurer or authorized representative of the insurer
that terminates the appointment, employment, contract or other
insurance business relationship with a producer for any reason
shall notify the commissioner within thirty (30) days following
the effective date of the termination, using a format prescribed
by the commissioner. Upon written request of the commissioner,
the insurer shall provide additional information, documents,
records or other data pertaining to the termination or activity
of the producer.
(b) The insurer or the authorized representative of the
insurer shall promptly notify the commissioner in a format
acceptable to the commissioner if, upon further review or
investigation, the insurer discovers additional information that
would have been reportable to the commissioner under subsection
(a) of this section had the insurer known of its existence.
(c) Within fifteen (15) days after making the notification
required by subsections (a) and (b) of this section, the insurer
shall mail a copy of the notification to the producer at his
last known address.
(d) Within thirty (30) days after the producer has
received the original or additional notification, the producer
may file written comments concerning the substance of the
notification with the commissioner. The producer shall, by the
same means, simultaneously send a copy of the comments to the
reporting insurer, and the comments shall be part of the
commissioner's file and accompany every copy of a report
distributed or disclosed for any reason about the producer as
permitted under subsection (e) or (f) of this section.
(e) Any documents, materials or other information in the
control or possession of the department that is furnished by an
insurer, producer or an employee or agent thereof acting on
behalf of the insurer or producer, or obtained by the
commissioner in an investigation pursuant to this section shall
be confidential by law and privileged, shall not be subject to
W.S. 16-4-201 through 16-4-205, shall not be subject to
subpoena, and shall not be subject to discovery or admissible in
evidence in any private civil action. 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 duties. 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 this subsection or subsection (f) of this
section. In order to assist in the performance of the
commissioner's duties under this code, the commissioner:
(i) May share documents, materials or other
information, including the confidential and privileged
documents, materials or information subject to this subsection,
with other state, federal and international regulatory agencies,
with the National Association of Insurance Commissioners, its
affiliates or 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;
(ii) May receive documents, materials or information,
including otherwise confidential and privileged documents,
materials or information, from the National Association of
Insurance Commissioners, its affiliates or 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
(iii) May enter into agreements governing sharing and
use of information consistent with this subsection.
(f) 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
(e) of this section. Nothing in this chapter shall prohibit the
commissioner from releasing final, adjudicated actions including
termination causes to a database or other clearinghouse service
maintained by the National Association of Insurance
Commissioners, its affiliates or subsidiaries.
(g) An insurer, the authorized representative of the
insurer, or producer that fails to report as required under the
provisions of this section or that is found to have reported
with actual malice by a court of competent jurisdiction may,
after notice and opportunity for hearing, have its license or
certificate of authority suspended or revoked and may be fined
in accordance with W.S. 26-1-107.