§ 991.2608. Confidentiality
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: January 1, 2015
Effective: January 1, 2015
40 P.S. § 991.2608
§ 991.2608. Confidentiality
(3) Subject to the act of February 14, 2008 (P.L. 6, No. 3),1 known as the Right-to-Know Law.
(b) Private civil actions.--The commissioner, department or any individual or person who receives ORSA-related information while acting under the authority of the commissioner or department or with whom the ORSA-related information is shared pursuant to this article shall not be permitted or required to testify in any private civil action concerning the ORSA-related information.
(2) May share ORSA-related information with the NAIC, regulatory or law enforcement officials of this Commonwealth or other jurisdictions, group supervisors, members of any supervisory college under section 1406.12 and with third-party consultants under section 2607,3 provided that, prior to receiving the ORSA-related information, the recipient demonstrates by written statement the necessary authority and intent to provide the same confidential treatment as required by this article.
(3) May receive and maintain as confidential ORSA-related information from the NAIC, regulatory or law enforcement officials of this Commonwealth or other jurisdictions, group supervisors and members of any supervisory college under section 1406.1 in which the ORSA-related information is confidential by law in those jurisdictions. ORSA-related information obtained under this paragraph shall be given confidential treatment, may not be subject to subpoena and may not be made public by the department, commissioner or any other person.
(2) Procedures and protocols for sharing ORSA-related information with regulators from other states in which the insurance group has domiciled insurers, including a written acknowledgment of the recipient's intent and legal authority to maintain the confidential and privileged status of the ORSA-related information.
(5) A provision requiring the NAIC or third-party consultant, where permitted by law, to give prompt notice to the department and to the insurer regarding any subpoena, request for disclosure or request for production of the insurer's ORSA-related information in the possession of the NAIC or third-party consultant.
(6) A requirement that the NAIC or third-party consultant would consent to intervention by an insurer in any judicial or administrative action in which the NAIC or third-party consultant may be required to disclose ORSA-related information or other confidential information about the insurer or insurance group that was shared under this article.
Credits
1921, May 17, P.L. 682, No. 284, art. XXVI, § 2608, added 2013, Oct. 25, P.L. 656, No. 78, § 2, effective Jan. 1, 2015.
40 P.S. § 991.2608, PA ST 40 P.S. § 991.2608
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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