ROBERT L. EHRLICH, JR., Governor

Ch. 35

[(f)] (H) (1)     This subsection applies to:

(i)      an insurer;

(ii)    an authorized representative of an insurer;

(iii)   an insurance producer;

(iv)    the Commissioner; and

(v) an organization of which the Commissioner is a member that
compiles information required under this section and makes it available to other
insurance commissioners or regulatory or law enforcement agencies.

(2)     In the absence of actual malice, a person to whom this subsection
applies and the agents and employees of the person are not subject to civil liability of
any nature as a result of:

(i) any statement or information required by or provided under
this section; or

(ii) any information relating to any statement that may be
requested in writing by the Commissioner from an insurer or insurance producer.

(3)     If a party brings an action against a person that may have immunity
under paragraph (2) of this subsection for making a statement required by or under
this section or providing any information relating to any statement that may be
requested by the Commissioner, the party bringing the action shall plead specifically
in any allegation that paragraph (2) of this subsection does not apply because the
person making the statement or providing the information did so with actual malice.

(4)     This subsection does not abrogate or modify any existing statutory or
common law privileges or immunities.

[(g)] (I) (1) This subsection applies only to any document, material, or other
information in the control or possession of the Insurance Administration that is:

(i) furnished by an insurer or insurance producer or an employee
or agent acting on behalf of the insurer or insurance producer under this section; or

(ii) otherwise obtained by the Insurance Commissioner in an
investigation under this section.

(2) Any document, material, or other information that is subject to this
subsection is:

(i) confidential and privileged;

(ii) not subject to Title 10, Subtitle 6 of the State Government

Article;

(iii) not subject to subpoena; and

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