Maryland Insurance Section 2-209

Article - Insurance

§ 2-209.

      (a)      The Commissioner or an examiner shall make a complete report of each examination made under § 2-205 of this subtitle or § 23-207, § 15-10B-19, or § 15-10B-20 of this article.

      (b)      An examination report shall contain only facts:

            (1)      from the books, records, or documents of the person being examined; or

            (2)      determined from statements of individuals about the person's affairs.

      (c)      (1)      At least 30 days before filing a proposed examination report with the Commissioner, the Commissioner shall give a copy of the proposed report to the person that was examined.

            (2)      If the person requests a hearing in writing within the 30-day period, the Commissioner:

                  (i)      shall grant a hearing on the proposed report; and

                  (ii)      may not file the proposed report until after:

                        1.      the hearing is held; and

                        2.      any modifications of the report that the Commissioner considers proper are made.

      (d)      (1)      After an examination report is filed with the Commissioner, the examination report is admissible as evidence of the facts contained in it in any action brought by the Commissioner against the person examined or an officer or insurance producer of the person.

            (2)      Regardless of whether a written examination report has been made, served, or filed with the Commissioner, the Commissioner or an examiner may testify and offer other proper evidence about information obtained during an examination.

      (e)      The Commissioner may withhold an examination or investigation report from public inspection for as long as the Commissioner considers the withholding to be:

            (1)      necessary to protect the person examined from unwarranted injury; or

            (2)      in the public interest.

      (f)      If the Commissioner considers it to be in the public interest, the Commissioner may publish an examination report or a summary of it in a newspaper in the State.

      (g)      (1)      Subject to paragraph (2) of this subsection, the Commissioner may disclose a preliminary examination report, investigation report, or any other matter related to an examination made under § 2-205 or § 2-206 of this subtitle or § 23-207, § 15-10B-19, or § 15-10B-20 of this article only to the insurance regulatory agency of another state or to a federal, State, local, or other law enforcement agency.

            (2)      A disclosure may be made under paragraph (1) of this subsection only if:

                  (i)      the disclosure is made for regulatory, law enforcement, or prosecutorial purposes;

                  (ii)      the agency receiving the disclosure agrees in writing to keep the disclosure confidential and in a manner consistent with this section; and

                  (iii)      the Commissioner is satisfied that the agency will preserve the confidential nature of the information.

            (3)      Notwithstanding the provisions of this subsection, final reports of examinations are considered public documents and may be disclosed to the public.

      (h)      The Commissioner may not disclose any information obtained from another state if the information is:

            (1)      related to an examination made by the other state on an insurer domiciled in that state; and

            (2)      of a nature that would be considered confidential under paragraph (1) of this subsection if the examination had been made by this State under § 2-205 or § 2-206 of this subtitle or § 23-103, § 15-10B-19, or § 15-10B-20 of this article.



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