Indiana Code
Chapter 12.8. Standard Valuation Law
27-1-12.8-37. Confidential Information

Sec. 37. (a) Except as provided in this section and section 38 of this chapter, a company's confidential information is:
(1) confidential by law and privileged;
(2) not subject to subpoena; and
(3) not subject to discovery or admissible in evidence in a private civil action.
However, the commissioner may use confidential information in the furtherance of a regulatory or legal action brought against the company as a part of the commissioner's duties.
(b) The commissioner, or a person receiving confidential information while acting under the authority of the commissioner, is not permitted or required to testify in a private civil action concerning confidential information.
(c) The commissioner may disclose confidential information to:
(1) other state, federal, and international regulatory agencies;
(2) the NAIC and affiliates and subsidiaries of the NAIC;
(3) only in the case of confidential information specified in section 5(1) and 5(4) of this chapter, the Actuarial Board for Counseling and Discipline upon request stating that the confidential information is required for professional disciplinary proceedings; and
(4) state, federal, and international law enforcement authorities;
if the recipient agrees, and has the legal authority to agree, to maintain the confidential and privileged status of the confidential information in the same manner and to the same extent as required for the commissioner.
(d) The commissioner:
(1) may receive confidential information, including privileged confidential information, from:
(A) other state, federal, and international regulatory agencies;
(B) the NAIC and affiliates and subsidiaries of the NAIC;
(C) the Actuarial Board for Counseling and Discipline; and
(D) other state, federal, and international law enforcement authorities; and
(2) shall maintain as confidential or privileged all confidential information received with notice or the understanding that the confidential information is confidential or privileged under the law of the jurisdiction that is the source of the confidential information.
(e) The commissioner may enter into agreements governing sharing and use of information consistent with this section.
(f) Any applicable privilege or claim of confidentiality in confidential information described in this section is not waived as a result of the disclosure or receipt of the confidential information by the commissioner under this section.
(g) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this section is available and must be enforced in a proceeding in and by any court of this state.
(h) For purposes of this section, "regulatory agency", "law enforcement agency", and "NAIC" include employees, agents, consultants, and contractors of a regulatory agency, law enforcement agency, and NAIC.
As added by P.L.276-2013, SEC.10. Amended by P.L.124-2018, SEC.29.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 1. Department of Insurance

Chapter 12.8. Standard Valuation Law

27-1-12.8-1. "Accident and Sickness Insurance"

27-1-12.8-2. "Appointed Actuary"

27-1-12.8-3. "Change in Fund Basis"

27-1-12.8-4. "Company"

27-1-12.8-5. "Confidential Information"

27-1-12.8-6. "Contract"

27-1-12.8-7. "Contractholder Behavior"

27-1-12.8-8. "Deposit Type Contract"

27-1-12.8-9. "Issue Year Basis"

27-1-12.8-10. "Life Insurance"

27-1-12.8-11. "Naic"

27-1-12.8-12. "Plan Type"

27-1-12.8-13. "Principal Based Valuation"

27-1-12.8-14. "Qualified Actuary"

27-1-12.8-15. "Reserves"

27-1-12.8-16. "Tail Risk"

27-1-12.8-17. Repealed

27-1-12.8-18. Net Reserve Value of Contracts Issued Before Transition Date or January 1, 1948; Mortality Tables

27-1-12.8-19. Valuation of Contracts, Annuities, and Endowment Contracts After Transition Date or January 1, 1948, and Before Operative Date of Valuation Manual

27-1-12.8-20. Annual Reserve Valuation

27-1-12.8-21. Annual Submission of Qualified Actuary Opinion; Requirements

27-1-12.8-22. Supporting Memorandum; Confidentiality and Privilege

27-1-12.8-23. Annual Submission of Appointed Actuary Opinion; Supporting Memorandum; Requirements

27-1-12.8-24. Minimum Standard for Valuation of Contracts; Mortality Tables

27-1-12.8-25. Minimum Standard for Valuation of Annuities and Pure Endowment Contracts; Mortality Tables

27-1-12.8-26. Interest Rates in Determining Minimum Standard for Valuation

27-1-12.8-27. Reserves According to Commissioners Reserve Valuation Method

27-1-12.8-28. Reserves According to Commissioners Annuity Reserve Method

27-1-12.8-29. Aggregate Reserves

27-1-12.8-30. Reserves; Calculation

27-1-12.8-31. Minimum Reserve Requirement Related to Gross Premium

27-1-12.8-32. Minimum Reserve Requirement for Certain Contracts

27-1-12.8-33. Accident and Sickness Insurance Contracts

27-1-12.8-34. Minimum Standard of Valuation for Contracts Issued on or After Operative Date of Valuation Manual; Operative Date Determination; Changes to Valuation Manual; Requirements

27-1-12.8-35. Principal Based Valuation for Contracts on and After Operative Date of Valuation Manual

27-1-12.8-36. Submission of Data Prescribed by Valuation Manual

27-1-12.8-37. Confidential Information

27-1-12.8-38. Confidential Information; Release

27-1-12.8-39. Exemptions of Certain Products From Requirements

27-1-12.8-40. Conflict of Laws; Application of Chapter