Indiana Code 27-1-4.1-11. Confidentiality; privilege; use of information; sharing and disclosure
(1) considered to be proprietary and contain trade secrets;
Terms Used In Indiana Code 27-1-4.1-11
- CGAD: means a confidential report filed by an insurer or insurance group under this chapter. See Indiana Code 27-1-4.1-2
- Commissioner: means the "insurance commissioner" of this state. See Indiana Code 27-1-2-3
- Department: means "the department of insurance" of this state. See Indiana Code 27-1-2-3
- 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.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- insurer: means a company, firm, partnership, association, order, society or system making any kind or kinds of insurance and shall include associations operating as Lloyds, reciprocal or inter-insurers, or individual underwriters. See Indiana Code 27-1-2-3
- 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 27-1-4.1-5
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(3) not subject to subpoena; and
(4) not subject to discovery or admissible in evidence in a private civil action.
(b) The commissioner may:
(1) use the documents, materials, and other information described in subsection (a) in relation to a regulatory or legal action brought as part of the commissioner’s duties; and
(2) otherwise make the documents, materials, and other information public only with the prior written consent of the insurer.
(c) The commissioner, and any other person:
(1) who receives documents, materials, or other information related to a CGAD while acting under the authority of the commissioner; or
(2) with whom the documents, materials, or other information are shared;
under this chapter is not permitted or required to testify in a private civil action concerning any documents, materials, or other information described in subsection (a).
(d) The commissioner may, in the performance of the commissioner’s duties, do the following:
(1) Upon request, share all documents, materials, and other information described in subsection (a) with the following if the recipient agrees in writing, and provides written verification that the recipient has the legal authority, to maintain the confidential and privileged status of the documents, materials, and other information:
(A) Other state, federal, and international financial regulatory agencies.
(B) The NAIC.
(C) Members of a supervisory college (as defined in IC 27-1-23-1).
(D) A third party consultant under section 12 of this chapter.
(2) Receive all documents, materials, and other information described in subsection (a) from:
(A) other state, federal, and international financial regulatory agencies;
(B) members of a supervisory college (as defined in IC 27-1-23-1); and
(C) the NAIC;
if the commissioner maintains the confidential or privileged status of the documents, materials, and other information that are received with notice or the understanding that the documents, materials, and other information are confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, and other information.
(e) The sharing of information by the commissioner under this chapter is not a delegation of regulatory authority. The commissioner is solely responsible for the administration, implementation, and enforcement of this chapter.
(f) Disclosure to or sharing by the commissioner of documents, materials, or other information under this chapter is not a waiver of any applicable privilege or claim of confidentiality in the documents, materials, or other information.
As added by P.L.146-2015, SEC.19.