Arizona Laws 20-1098.23. Confidentiality of information; exceptions
A. Notwithstanding Title 39, Chapter 1, information submitted pursuant to this article is confidential and the director and the director’s employees and agents shall not provide the information to any other person without the permission of the captive insurer, except that:
Terms Used In Arizona Laws 20-1098.23
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Captive insurer: means any pure captive insurer, agency captive insurer, group captive insurer or protected cell captive insurer that is domiciled in this state and that is formed and licensed under this article. See Arizona Laws 20-1098
- department: means the department of insurance and financial institutions. See Arizona Laws 20-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes printing. See Arizona Laws 1-215
1. This section does not apply to the department‘s use of information submitted by a captive insurer for any regulatory purpose, disciplinary action or hearing. The director shall provide the captive insurer with a copy of any document that the director believes supports a violation of this title or that justifies any regulatory or other action against the captive insurer. A disclosure pursuant to this paragraph is not a waiver of any applicable privilege or claim of confidentiality in the disclosed document.
2. The director shall provide information submitted by a captive insurer that is required by subpoena issued in connection with an administrative, civil or criminal investigation by a government agency.
3. The information may be discoverable by a party in a civil action or contested case to which the captive insurer that submitted the information is a party, if the party seeking to discover the information demonstrates all of the following:
(a) The information sought is relevant to and necessary for the furtherance of the action or case.
(b) The information sought is unavailable from other nonconfidential sources.
(c) A subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director.
4. The director may disclose the information to a public official that has jurisdiction over the regulation of insurance in another state if the public official agrees in writing to maintain the confidentiality of the information and the laws of the state in which the public official serves allow or require the information to be and remain confidential.
5. The director may provide the information to the industrial commission of Arizona. The industrial commission shall maintain the confidentiality of the information pursuant to this section.
6. For the purpose of administering this article and promoting this state’s captive insurance industry, the director may disclose only the following information about licensed captive insurers:
(a) The name of the captive insurer.
(b) The date licensed.
(c) The type of captive insurer.
(d) The business or industry of the owners or members.
(e) The captive insurer’s license status.
B. This section does not apply to risk retention groups.