(a) Any documents, materials, or other information in the control or possession of the commissioner that is furnished by a licensee, or an employee or agent thereof acting on behalf of the licensee pursuant to §§ 431:3B-208 and 431:3B-302, or that are obtained by the commissioner in an examination or investigation pursuant to § 431:3B-102, shall be confidential by law and privileged, shall not be subject to chapter 92F, shall not be subject to subpoena, and shall not be subject to discovery or admissible as evidence in any private civil action; provided that the commissioner may use the documents, materials, or other information obtained in an examination or investigation in the furtherance of any regulatory or legal action brought as a part of the commissioner’s duties.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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.
Subpoena: A command to a witness to appear and give testimony.
Testify: Answer questions in court.
(b) Neither the commissioner nor any person acting under the direction of the commissioner shall be allowed or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (a).(c) To assist in the performance of the commissioner’s duties under this article, the commissioner may:
(1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (a), with other state, federal, and international regulatory agencies; National Association of Insurance Commissioners, its affiliates or subsidiaries; and state, federal, and international law enforcement authorities; provided that the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information;(2) 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; provided that the commissioner 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;(3) Share documents, materials, or other information subject to subsection (a) with a third-party consultant or vendor; provided that the consultant or vendor agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information; and(4) Enter into agreements governing sharing and use of information consistent with this subsection.(d) 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 (c).(e) Nothing in this article shall prohibit the commissioner from releasing final, adjudicated actions that are open to public inspection pursuant to chapter 92F to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.
