Ch. 36

1995 LAWS OF MARYLAND

Defined terms: "Affiliate" § 7-101
"Commissioner" § 1-101
"Insurance" § 1-101
"Insurer" § 1-101
"Premium" § 1-101
"Reinsurance" § 1-101

7-106. CONFIDENTIALITY.

(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; AND

(3)      MAY NOT BE MADE PUBLIC BY THE COMMISSIONER, THE NATIONAL
ASSOCIATION OF INSURANCE COMMISSIONERS, OR ANY OTHER PERSON.

(B)     PUBLICATION WITH CONSENT OF INSURER.

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)     PUBLICATION BY COMMISSIONER.

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.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, §§ 499 and 494A(c)(1)(iii).

Former Art. 48A, § 494A(c)(1)(iii) expressly required that information
submitted under former § 494A(c) be given the same confidential treatment as
was accorded the "information", "documents", "copies", and "information
reported" under former § 499. Accordingly, the two former provisions are
combined in this section.

In the introductory language of subsection (a) of this section, the limitation,
"[e]xcept as provided in subsections (b) and (c) of this section or otherwise by
law", is added to indicate that exceptions exist. See, e.g., subsections (b) and
(c) of this section and § 7-304(e) and (f) of this title.

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