Sec. 5. (a) Except as provided in this section, IC 5-14 applies to all filings made under this article.
(b) Filings made under this article may include information that might be damaging to an applicant or its affiliate if made available to competitors. Subject to subsection (c), all information, documents, and copies of the filings containing trade secrets of an applicant or its affiliate are declared:
(1) confidential for the purposes of IC 5-14-3-4; and
(2) not subject to inspection and copying by the public under person, except to insurance departments of other states which agree to such confidential treatment;
without the written consent of the person to which they pertain.
(c) If the commissioner, after giving notice to the person seeking such confidential treatment and any other person requesting disclosure, after giving them an opportunity to respond at a departmental hearing in camera, and after giving due consideration to any legitimate interest in preserving trade secrets, determines that the members or policyholders have a compelling interest that would be served by disclosure, then the commissioner, after five (5) business days have elapsed from notification to the applicant, may disclose all or any part thereof in a manner and subject to the limitations as the commissioner determines appropriate.
(d) If within the five (5) business days period referred to in subsection (c), the applicant notifies the commissioner that the applicant or other interested party has filed an action seeking a protective order from a circuit or superior court to prevent or to limit disclosure, the commissioner shall not disclose the information, documents, or copies thereof during the pendency of the action and any appeal or after any final court decision prohibiting disclosure.
As added by P.L.5-2000, SEC.4.
Structure Indiana Code
Article 14. Mutual Insurance Holding Company Law
Chapter 7. Miscellaneous Provisions
27-14-7-1. Supplemental Nature of Article; Applicability of Other Insurance Statutes
27-14-7-2. Limitation of Actions
27-14-7-3. Severability of Provisions
27-14-7-4. Judicial Review of Action of Commissioner; Mandamus
27-14-7-5. Treatment of Confidential Information
27-14-7-7. Reorganized Insurer or Mihc Having All Rights and Obligations of Mic
27-14-7-8. Effect of Reorganization on Pending Actions
27-14-7-9. Conversion of Mihc to Stock Company
27-14-7-10. Experts Hired by Commissioner
27-14-7-12. Reorganization of Domestic Mic With Foreign Mutual Holding Company
27-14-7-13. Acquisition of Foreign Mic by Existing Mihc; Granting Membership Interests
27-14-7-14. Concurrent Reorganization of Multiple Mics Into Single Mihc
27-14-7-15. Reorganization of Mihc With Foreign Mutual Insurance Holding Company