(a) Nothing contained in this article shall be construed to limit the commissioner‘s authority to use and, if appropriate, to make public, any final or preliminary examination report, any examiner or company workpapers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the commissioner may, in his or her discretion, deem appropriate.

(b) Nothing contained in this code shall prevent or be construed as prohibiting the commissioner from disclosing the content of an examination report, preliminary examination report or results, market analysis data, or any matter relating thereto, to the insurance department of this or any other state or country, or to law enforcement officials of this or any other state or agency of the federal government at any time, or to the National Association of Insurance Commissioners, provided the recipient of the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this article, unless the prior written consent of the company to which it pertains has been obtained.

Terms Used In California Insurance Code 735.5

  • Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
  • Company: means any person engaging in, or proposing or attempting to engage in, any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the commissioner. See California Insurance Code 729
  • Examiner: means any individual or firm authorized by the commissioner to conduct an examination under this article. See California Insurance Code 729
  • Person: means any person, association, organization, business trust, partnership, limited liability company, or corporation, or any affiliate thereof. See California Insurance Code 729
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • Subpoena: A command to a witness to appear and give testimony.

(c) All working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made pursuant to this article shall be given confidential treatment and are not subject to subpoena and shall not be made public by the commissioner or any other person, except to the extent provided in subdivision (a) or (b).

(Amended by Stats. 2009, Ch. 234, Sec. 3. (AB 299) Effective January 1, 2010.)

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