44-6119.01. Information and documents; confidentiality.

(1) All information, documents, and copies of such information and documents obtained by or disclosed to the director or any other person in the course of preparing, filing, and processing an application to convert to a stock insurer pursuant to section 44-6105, other than information or documents distributed to policyholders in connection with the meeting of policyholders under section 44-6109 or filed or submitted as evidence in connection with the public hearing under section 44-6107, shall be given confidential treatment.

(2) The information, documents, and copies described in subsection (1) of this section shall not be subject to subpoena.

(3) The information, documents, and copies described in subsection (1) of this section shall not be made public by the director, the National Association of Insurance Commissioners or its subsidiaries or affiliates, or any other person without the prior written consent of the insurer to which it pertains except that:

(a) If the director, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication of such information, documents, and copies, the director may publish all or any part of such information, documents, and copies; and

(b) The director may provide the information, documents, and copies described in subsection (1) of this section to state, federal, foreign, and international regulatory and law enforcement agencies, and the National Association of Insurance Commissioners and its affiliates and subsidiaries if the recipient agrees in writing to maintain the confidentiality of the information, documents, and copies.

(4) The director may receive information, documents, and copies described in subsection (1) of this section from other state, federal, foreign, or international regulatory and law enforcement agencies and from the National Association of Insurance Commissioners and its affiliates and subsidiaries. The director shall maintain as confidential or privileged information received pursuant to this subsection if received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the information. Such information shall not be a public record subject to disclosure by the director pursuant to sections 84-712 to 84-712.09, subject to subpoena, subject to discovery, or admissible in evidence in any private civil action, except that the director may use such information in any regulatory or legal action brought by the director. The director, and any other person while acting under the authority of the director who has received information pursuant to this subsection, may not, and shall not be required to, testify in any private civil action concerning any information subject to this section. Nothing in this section shall constitute a waiver of any applicable privilege or claim of confidentiality in the information received pursuant to this subsection as a result of information sharing authorized by this section.

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