§ 27-12.3-3 - Confidentiality. [Effective January 1, 2010.].
SECTION 27-12.3-3
§ 27-12.3-3 Confidentiality.[Effective January 1, 2010.]. – (a) The statement of actuarial opinion shall be provided with the annualstatement in accordance with the appropriate national association of insurancecommissioners property and casualty annual statement instructions and shall betreated as a public document.
(b) Documents, materials or other information in thepossession or control of the department of insurance that are considered anactuarial report, work papers or actuarial opinion summary provided in supportof the opinion, and any other material provided by the company to thecommissioner in connection with the actuarial report, work papers or actuarialopinion summary, shall be confidential by law and privileged, shall not besubject to the access to public records act Rhode Island general laws §38-2-1 et seq., shall not be subject to subpoena, and shall not be subject todiscovery or admissible in evidence in any private civil action.
(2) This provision shall not be construed to limit thecommissioner's authority to release the documents to the actuarial board forcounseling and discipline (ABCD) so long as the material is required for thepurpose of professional disciplinary proceedings and that the ABCD establishesprocedures satisfactory to the commissioner for preserving the confidentialityof the documents, nor shall this section be construed to limit thecommissioner's authority to use the documents, materials or other informationin furtherance of any regulatory or legal action brought as part of thecommissioner's official duties.
(c) Neither the commissioner nor any person who receiveddocuments, materials or other information while acting under the authority ofthe commissioner shall be permitted or required to testify in any private civilaction concerning any confidential documents, materials or information subjectto subsection (b).
(d) In order to assist in the performance of thecommissioner's duties, the commissioner:
(1) May share documents, materials or other information,including the confidential and privileged documents, materials or informationsubject to subsection (b) with other state, federal and internationalregulatory agencies, with the national association of insurance commissionersand its affiliates and subsidiaries, and with state, federal and internationallaw enforcement authorities, provided that the recipient agrees to maintain theconfidentiality and privileged status of the document, material or otherinformation and has the legal authority to maintain confidentiality:
(e) No waiver of any applicable privilege or claim ofconfidentiality in the documents, materials or information shall occur as aresult of disclosure to the commissioner under this section or as a result ofsharing as authorized in subsection (d).