Sec. 38. The following apply to confidential information specified in section 5(1) and 5(4) of this chapter:
(1) The confidential information may be subject to subpoena to defend an action seeking damages from the appointed actuary submitting the supporting memorandum submitted under sections 21 through 23 of this chapter or principle based valuation report developed under section 35(c)(3) of this chapter due to a requirement of this chapter.
(2) The confidential information may be released by the commissioner with the written consent of the company.
(3) If a part of a supporting memorandum submitted under sections 21 through 23 of this chapter or a principle based valuation report developed under section 35(c)(3) of this chapter is:
(A) cited by a company in the company's marketing;
(B) publicly volunteered to or before a governmental agency other than a state insurance department; or
(C) released by the company to the news media;
all parts of the supporting memorandum or report are not confidential.
As added by P.L.276-2013, SEC.10.
Structure Indiana Code
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"
27-1-12.8-5. "Confidential Information"
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"
27-1-12.8-13. "Principal Based Valuation"
27-1-12.8-14. "Qualified Actuary"
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
27-1-12.8-26. 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
27-1-12.8-36. 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