38.2-1834.1 - Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties.
§ 38.2-1834.1. Notification to Commission of termination; notice to agent;immunities; confidentiality; penalties.
A. An insurer or authorized representative of the insurer that terminates theappointment, employment, contract or other insurance business relationshipwith an agent or other licensee under this chapter shall notify theCommission within thirty calendar days following the effective date of thetermination, using a format prescribed by the Commission, if the reason fortermination is one of the reasons set forth in § 38.2-1831 or the insurer hasknowledge the agent was found by a court, government body, or legallyauthorized self-regulatory organization authorized by law to have engaged inany of the activities in § 38.2-1356, 38.2-1363, 38.2-1831 or 38.2-1843. Thepropriety of any such termination for cause shall be certified in writing byan officer or authorized representative of the insurer or agent terminatingthe relationship. Upon the written request of the Commission, the insurershall provide additional information, documents, records or other datapertaining to the termination or activity of the agent or other licensee.
B. The insurer or the authorized representative of the insurer shall promptlynotify the Commission in a format acceptable to the Commission if, uponfurther review or investigation, the insurer discovers additional informationthat would have been reportable to the Commission in accordance withsubsection A had the insurer then known of its existence.
C. 1. Within fifteen calendar days after making the notification required bysubsections A and B, the insurer shall mail a copy of the notification to theagent at his last known address pursuant to the insurer's records. If theagent is terminated for cause for any of the reasons listed in § 38.2-1831,the insurer shall provide a copy of the notification to the agent at his lastknown address by certified mail, return receipt requested, postage prepaid orby overnight delivery using a nationally recognized carrier.
2. Within thirty calendar days after the agent has received the original oradditional notification, the agent may file written comments concerning thesubstance of the notification with the Commission in the form and mannerrequired by the Commission. The agent shall, by the same means,simultaneously send a copy of the comments to the reporting insurer, and thecomments shall become a part of the Commission's file and accompany everycopy of a report distributed or disclosed for any reason about the agent aspermitted under subsection D.
D. 1. In the absence of actual malice, an insurer, the authorizedrepresentative of the insurer, a producer, the Commission, authorizedrepresentatives of the Commission, the NAIC, its affiliates or subsidiaries,or state, federal, and international law-enforcement authorities shall not besubject to civil liability, and a civil cause of action of any nature shallnot arise against these entities or their respective agents or employees, asa result of any statement or information required by or provided pursuant tothis section or any information relating to any statement that may berequested in writing by the Commission, from an insurer or agent, or astatement by a terminating insurer or agent to an insurer or agent limitedsolely and exclusively to whether a termination for cause under subsection Awas reported to the Commission, provided that the propriety of anytermination for cause under subsection A is certified in writing, pursuant tosubsection A of this section, by an officer or authorized representative ofthe insurer or agent terminating the relationship.
2. In any action brought against a person that may have immunity undersubdivision 1 for making any statement required by this section or providingany information relating to any statement that may be requested by theCommission, the party bringing the action shall plead specifically in anyallegation that subdivision 1 does not apply because the person making thestatement or providing the information did so with actual malice.
3. Subdivision 1 or 2 shall not abrogate or modify any existing statutory orcommon law privileges or immunities.
E. 1. Any documents, materials or other information in the control orpossession of the Commission that is furnished by an insurer, agent or anemployee thereof acting on behalf of the insurer or agent, or obtained by theCommission in an investigation pursuant to this chapter shall be confidentialby law and privileged, shall not be subject to inspection or review by thegeneral public, shall not be subject to subpoena, and shall not be subject todiscovery or admissible in evidence in any private civil action. However, theCommission is authorized to use the documents, materials or other informationin the furtherance of any regulatory or legal action brought as a part of theCommission's duties.
2. Neither the Commission nor any person who received documents, materials orother information while acting under the authority of the Commission shall bepermitted or required to testify in any private civil action concerning anyconfidential documents, materials, or information subject to subdivision 1.
3. In order to assist in the performance of the Commission's duties underthis chapter, the Commission:
a. May share documents, material or other information, including theconfidential and privileged documents, materials or information subject tosubdivision 1, with other state, federal, and international regulatoryagencies, with the NAIC, its affiliates or subsidiaries, and with local,state, federal, and international law-enforcement authorities, provided thatthe recipient agrees to maintain the confidentiality and privileged status ofthe document, material or other information.
b. May receive documents, materials or information, including otherwiseconfidential and privileged documents, materials or information, from theNAIC, its affiliates or subsidiaries and from regulatory and law-enforcementofficials of other foreign or domestic jurisdictions, and shall maintain asconfidential or privileged any document, material or information receivedwith notice or the understanding that it is confidential or privileged underthe laws of the jurisdiction that is the source of the document, material orinformation.
4. No waiver of any applicable privilege or claim of confidentiality in thedocuments, materials, or information shall occur as a result of disclosure tothe Commission under this section or as a result of sharing as authorized insubdivision 3.
5. Nothing in this chapter shall prohibit the Commission from releasingfinal, adjudicated actions including for cause terminations that are open topublic inspection pursuant to Chapter 4 (§ 12.1-18 et seq.) of Title 12.1 toa database or other clearinghouse service maintained by the NAIC, itsaffiliates or subsidiaries of the NAIC.
F. An insurer, the authorized representative of the insurer, or agent thatfails to report as required under the provisions of this section or that isfound to have reported with actual malice by a court of competentjurisdiction may, after notice and an opportunity to be heard, have itslicense or certificate of authority suspended or revoked and may be fined inaccordance with Chapter 2 (§ 38.2-200 et seq.) of this title.
(2001, c. 706; 2002, c. 296; 2008, c. 303.)