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Session Laws, 1995
Volume 793, Page 777   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 36

(1)      NECESSARY TO PROTECT THE PERSON EXAMINED FROM
UNWARRANTED INJURY; OR

(2)      IN THE PUBLIC INTEREST.

(F)      PUBLICATION OF EXAMINATION REPORT.

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)     DISCLOSURE OF REPORT.

(1)      SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
COMMISSIONER MAY DISCLOSE A PRELIMINARY EXAMINATION REPORT,
EXAMINATION REPORT, INVESTIGATION REPORT, OR ANY OTHER MATTER
RELATED TO AN EXAMINATION MADE UNDER § 2-205 OR § 2-206 OF THIS SUBTITLE
OR § XX-XXX OF THIS ARTICLE [48A § 486B] 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.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 34.

In subsection (a) of this section, the word "complete", which modifies
"report", is substituted for the former words "full and true" for brevity.

In subsections (b)(1) and (2), (c)(1) and (2), and (d)(1) of this section, the
word "person" is substituted for the former word "insurer" because persons
other than an insurer may be examined under § 2-205 of this subtitle and §
XX-XXX of this article.

In subsections (c)(1) and (d)(2) of this section, the references to the "office"
of the Commissioner are deleted as surplusage.

In subsection (d)(1) of this section, the former reference to a "proceeding" is
deleted as included in the reference to an "action".

In subsection (b)(1) of this section, the former word "papers" is deleted as
included in the reference to "books, records, or documents".

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Session Laws, 1995
Volume 793, Page 777   View pdf image
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