Sec. 45. (a) Because they contain information that might be damaging to an insurer if made available to the insurer’s competitors, the following are declared confidential for purposes of IC 5-14-3-4 and are not subject to inspection and copying by the public under IC 5-14-3-3:

(1) An RBC report filed with the commissioner under this chapter, to the extent that the information in the report is not required to be provided in a publicly available annual statement schedule.

Terms Used In Indiana Code 27-1-36-45

  • Commissioner: means the "insurance commissioner" of this state. See Indiana Code 27-1-2-3
  • corrective order: means an order issued by the commissioner that specifies the corrective actions that the commissioner determines are required. See Indiana Code 27-1-36-7
  • 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.
  • insurer: includes :

    Indiana Code 27-1-36-9.6

  • 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.
  • NAIC: refers to the National Association of Insurance Commissioners. See Indiana Code 27-1-36-13
  • person: includes individuals, corporations, associations, and partnerships; personal pronoun includes all genders; the singular includes the plural and the plural includes the singular. See Indiana Code 27-1-2-3
  • RBC: refers to risk based capital. See Indiana Code 27-1-36-16
  • RBC plan: means a comprehensive financial plan containing the elements specified in section 30 of this chapter. See Indiana Code 27-1-36-19
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(2) An RBC plan filed with the commissioner under this chapter, including:

(A) the results or report of any examination or analysis of an insurer performed under the plan; and

(B) any corrective order issued by the commissioner under the examination or analysis.

     (b) The information described in subsection (a):

(1) must be kept confidential by the commissioner;

(2) shall not be made public; and

(3) is not:

(A) subject to subpoena;

(B) subject to discovery in a private civil action; or

(C) admissible in evidence in a private civil action;

other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner under this chapter or another provision of this title.

     (c) The commissioner, or a person receiving documents, materials, or other information while acting under the authority of the commissioner, is not permitted or required to testify in a private civil action concerning confidential information described in subsection (a).

     (d) The commissioner may disclose documents, materials, and other information, including the information described in subsection (a), to:

(1) other state, federal, and international regulatory agencies;

(2) the NAIC and affiliates and subsidiaries of the NAIC; and

(3) state, federal, and international law enforcement authorities;

if the recipient agrees to maintain the confidential and privileged status of the documents, materials, and other information.

     (e) The commissioner:

(1) may receive documents, materials, and other information, including confidential and privileged documents, materials, and information, from:

(A) other state, federal, and international regulatory agencies;

(B) the NAIC and affiliates and subsidiaries of the NAIC; and

(C) other state, federal, and international law enforcement authorities; and

(2) shall maintain as confidential or privileged all documents, materials, and other information received with notice or the understanding that the documents, materials, and information are confidential or privileged under the law of the jurisdiction that is the source of the documents, materials, and information.

     (f) Any applicable privilege or claim of confidentiality in documents, materials, or information described in this section is not waived as a result of the disclosure or receipt of the documents, materials, or information by the commissioner under this section.

As added by P.L.186-1996, SEC.1. Amended by P.L.276-2013, SEC.28.

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