District of Columbia Code
Subchapter II - Powers and Duties of the Commissioner
§ 31–2502.26b. Confidentiality of actuarial opinions, summaries, reports, and workpapers

(a) The Statement of Actuarial Opinion shall be provided with the annual financial statement required by § 31-1901, in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions and shall be a public document.
(b)(1) An Actuarial Report, underlying workpapers, or Actuarial Opinion Summary in the possession or control of the Commissioner, and any other material provided by the company to the Commissioner in connection with the Actuarial Report, workpapers, or Actuarial Opinion Summary, shall not be subject to subchapter II of Chapter 5 of Title 2, except a subpoena issued pursuant to:
(A) A civil action or an administrative proceeding in which insurance premium rates are an issue; or
(B) Oversight by the Council or the federal government.
(2) This section shall not limit the Commissioner’s authority to:
(A) Release the documents to the Actuarial Board for Counseling and Discipline if the material is required for the purpose of professional disciplinary proceedings and the Actuarial Board for Counseling and Discipline establishes procedures satisfactory to the Commissioner for preserving the confidentiality of the documents; or
(B) Use the documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the Commissioner’s official duties.
(c) The Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner shall not be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (b) of this section.
(d) To assist in the performance of the Commissioner’s duties, the Commissioner may:
(1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to subsection (b) of this section with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information and has the authority to maintain confidentiality;
(2) Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
(3) Enter into agreements governing sharing and use of information consistent with subsections (b) through (d) of this section.
(e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection (d) of this section.
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 26b; as added Mar. 20, 2009, D.C. Law 17-289, § 2, 55 DCR 12619.)
This section is referenced in § 31-3931.13.

Structure District of Columbia Code

District of Columbia Code

Title 31 - Insurance and Securities

Chapter 25 - Fire, Casualty, and Marine Insurance

Subchapter II - Powers and Duties of the Commissioner

§ 31–2502.01. Records of Commissioner; rules and regulations

§ 31–2502.02. Certificate of authority to do business — Issuance or renewal

§ 31–2502.03. Certificate of authority to do business — Revocation or suspension

§ 31–2502.04. Cessation of business

§ 31–2502.05. Receivership proceedings. [Repealed]

§ 31–2502.06. Receivership proceedings; insolvency; impairment. [Repealed]

§ 31–2502.07. Receivership proceedings; insolvency; impairment. [Repealed]

§ 31–2502.08. Required annual financial statements. [Repealed]

§ 31–2502.09. Making or publishing material false statements

§ 31–2502.10. Examinations by Superintendent; violations; acceptance of reports in lieu of examinations. [Repealed]

§ 31–2502.11. Kinds of insurance authorized

§ 31–2502.12. Limitations on exposure to risks or hazards

§ 31–2502.13. Minimum capital and surplus requirements

§ 31–2502.14. Applicability of provisions to existing companies

§ 31–2502.15. Formation of domestic companies

§ 31–2502.16. Acquisition, use and disposition of real estate by domestic companies. [Repealed]

§ 31–2502.17. Power of domestic mutual companies to borrow or assume liability

§ 31–2502.18. Investment of funds by domestic companies. [Repealed]

§ 31–2502.19. Exclusive agency contracts of domestic companies

§ 31–2502.20. Authority to transact business — Foreign or alien companies

§ 31–2502.20a. Authority to transact business — Lloyd’s organizations

§ 31–2502.21. Procurement of certificate of authority by foreign or alien companies — Application forms

§ 31–2502.22. Procurement of certificate of authority by foreign or alien companies — Delivery of certain documents to Commissioner; required showings; authorized examinations

§ 31–2502.23. Service of process upon foreign or alien companies. [Repealed]

§ 31–2502.24. Names or designations used by mutual companies and reciprocal or interinsurance exchanges

§ 31–2502.25. Premiums of mutual companies

§ 31–2502.26. Company reserves. [Repealed]

§ 31–2502.26a. Actuarial opinion of reserves

§ 31–2502.26b. Confidentiality of actuarial opinions, summaries, reports, and workpapers

§ 31–2502.27. Filing and approval of policy forms

§ 31–2502.28. Rate and form filing requirements for accident and health policies

§ 31–2502.28a. Flood insurance notice requirements for the provision of homeowner’s and renter’s insurance

§ 31–2502.28b. Sewer-line backup insurance notice requirements for the provision of homeowner’s and renter’s insurance

§ 31–2502.29. Discriminations prohibited

§ 31–2502.30. Powers of agents, salaried employees and brokers. [Repealed]

§ 31–2502.31. Compensation of unlicensed persons prohibited

§ 31–2502.32. Procedure for obtaining licenses [Repealed]

§ 31–2502.33. Effective dates [Repealed]

§ 31–2502.34. Temporary transfer of licenses [Repealed]

§ 31–2502.35. Renewal of licenses [Repealed]

§ 31–2502.36. Revocation and suspension of licenses [Repealed]

§ 31–2502.37. Unauthorized solicitation or representation [Repealed]

§ 31–2502.38. Exceptions to licensing provisions

§ 31–2502.39. Persons not to act for unauthorized companies

§ 31–2502.40. License to procure policies from unauthorized companies

§ 31–2502.41. License fees

§ 31–2502.42. Violations of provisions

§ 31–2502.43. Appeals from Commissioner to Mayor [Repealed]

§ 31–2502.44. Court proceedings [Repealed]

§ 31–2502.45. Severability [Repealed]