§431C-46 Confidentiality. (a) The documents and evidence provided pursuant to section 431C-45 or obtained by the commissioner in an investigation of suspected or actual fraudulent life settlement acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.
(b) Subsection (a) does not prohibit release by the commissioner of documents and evidence obtained in an investigation of suspected or actual fraudulent life settlement acts:
(1) In administrative or judicial proceedings to enforce laws administered by the commissioner;
(2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent life settlement acts, or to the National Association of Insurance Commissioners; or
(3) At the discretion of the commissioner, to a person in the business of life settlements that is aggrieved by a fraudulent life settlement act.
(c) Release of documents and evidence under subsection (b) does not abrogate or modify the privilege granted in subsection (a). [L 2012, c 256, pt of §1]
Structure Hawaii Revised Statutes
431C-3 Licensing requirements.
431C-4 License suspension, revocation, or refusal to renew.
431C-6 Reporting requirements and privacy.
431C-12 Conduct of examinations.
431C-14 Confidentiality of examination information.
431C-15 Examiner; conflict of interest.
431C-16 Immunity from liability.
431C-17 Investigative authority of the commissioner.
431C-31 Disclosures to owners.
431C-32 Disclosure to insurer.
431C-42 Fraudulent life settlement acts prohibited.
431C-43 Fraud warning required.
431C-44 Mandatory reporting of fraudulent life settlement acts.
431C-45 Immunity from liability.
431C-47 Other law enforcement or regulatory authority.
431C-48 Life settlement anti-fraud initiatives.
431C-49 Injunctions; civil remedies; cease and desist.