2013 Maryland Code
INSURANCE
§ 7-106 - Confidentiality [Subject to amendment effective January 1, 2014; amended version follows this section].


MD Ins Code § 7-106 (2013) What's This?

§7-106.

(a) Except as provided in subsections (b) and (c) of this section or otherwise by law, all information and documents that are filed with the Commissioner in compliance with the requirements of this title or that are reported to, obtained by, or otherwise disclosed to the Commissioner or any other person in the course of an examination or investigation made under this title:

(1) are confidential material;

(2) are not subject to subpoena; and

(3) may not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person.

(b) Material that otherwise is confidential under subsection (a) of this section may be made public by any person to whom the insurer to which the material relates gives prior written consent.

(c) If, after giving an insurer and its affiliates notice and an opportunity to be heard, the Commissioner determines that it is in the interest of the policyholders, stockholders, or the public to make public any material relating to the insurer that otherwise is confidential under subsection (a) of this section, the Commissioner may make public all or part of the material in an appropriate manner.

§ 7-106 - Confidentiality (Effective January 1, 2014)

(a) In general. -- Except as provided in subsections (b) and (c) of this section or otherwise by law, all information and documents that are filed with the Commissioner in compliance with the requirements of this title or that are reported to, obtained by, or otherwise disclosed to the Commissioner or any other person in the course of an examination or investigation made under this title:

(1) are confidential material;

(2) are not subject to subpoena;

(3) may not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person; and

(4) are not subject to discovery or admissible in evidence in any civil action.

(b) Publication with consent of insurer. -- Material that otherwise is confidential under subsection (a) of this section may be made public by any person who has received the prior written consent of the person to whom the material relates.

(c) Publication by Commissioner. -- If, after giving the person to whom the material relates notice and an opportunity to be heard, the Commissioner determines that it is in the interest of the policyholders, stockholders, or the public to make public any material relating to the person that otherwise is confidential under subsection (a) of this section, the Commissioner may make public all or part of the material in an appropriate manner.

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