§ 1709. Confidentiality of reports and filings. The contents of each report and filing submitted pursuant to this article and information pertaining thereto shall be kept confidential, shall not be subject to subpoena or discovery, shall not be admissible in evidence in any private civil action, and shall not be made public unless, after notice and opportunity to be heard, the superintendent determines that the interests of policyholders, subscribers, stockholders or the public will be served by the publication thereof. The provisions of this section shall not be applicable to any report or filing submitted pursuant to this article and any information pertaining thereto, if the parent corporation is a corporation subject to article forty-three of this chapter. Neither the superintendent nor any person who received a report or filing submitted pursuant to this article and information pertaining thereto, through examination or otherwise, while acting under the authority of the superintendent or with whom such report or information are shared pursuant to this chapter, shall be permitted or required to testify in any private civil action concerning the report, filing, or information.

Terms Used In N.Y. Insurance Law 1709

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
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