District of Columbia Code
Subchapter II - Special Purpose Financial Captive Insurance Companies
§ 31–3932.10. Confidentiality of examination reports; disclosure of information

(a) Except as provided in this section, all examination reports, preliminary examination reports or results, working papers, recorded information, documents, and copies of documents produced by, obtained by, or disclosed to, the Commissioner or any other person in the course of an examination made pursuant to this section shall be confidential, shall not be subject to subpoena, and shall not be made public by the Commissioner or an employee or agent of the Commissioner without the written consent of the SPFC. This subsection shall not prevent the Commissioner from using this information in furtherance of the Commissioner’s regulatory authority as provided by this subchapter. The Commissioner may grant access to this information to public officers having jurisdiction over the regulation of insurance in another state or country, or to law enforcement officers of the District or another state or agency of the federal government at any time; provided, that the officers receiving the information agree in writing to hold it in a manner consistent with this section.
(b) Information submitted pursuant to this subchapter shall be confidential and shall not be made public by the Commissioner or an agent or employee of the Commissioner without the prior written consent of the SPFC; provided, that:
(1) Information submitted pursuant to the provisions of this subchapter shall be discoverable by a party in a civil action or contested case to which the submitting SPFC is a party upon a specific finding by the court that:
(A) The SPFC is a necessary party to the action and not joined only for the purposes of evading the confidentiality provisions of this subchapter;
(B) The party seeking the information demonstrates by a clear and convincing standard that the information sought is relevant, material to, and necessary for the prosecution or defense of the claim asserted in the action; and
(C) The information sought is unavailable from other nonconfidential sources.
(2) The Commissioner may disclose the information to the public official having jurisdiction over the regulation of insurance in another state if:
(A) The public official agrees in writing to maintain the confidentiality of the information; and
(B) The laws of the state in which the public official serves require the information to be confidential.
(Mar. 17, 2005, D.C. Law 15-262, § 210; as added Mar. 14, 2007, D.C. Law 16-285, § 2(b), 54 DCR 944.)

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