A. When the superintendent has adopted a report of examination he shall so notify the examinee in writing and file the report for public inspection in the insurance department. If deemed advisable the superintendent may, after adoption of the report, cause the results of the examination to be published in one or more newspapers of general circulation in the state. The superintendent shall expedite review and adoption of the report and cause it to be filed for public inspection as soon as reasonably possible.
B. Except as expressly otherwise provided, pending, during or after examination of any insurer or other person, the superintendent shall not make public, or permit to be made public, any financial statement, report or finding affecting the status, standing or rights of the insurer or person until after the report of examination has been adopted by the superintendent, and all working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the superintendent or any other person in the course of an examination shall remain confidential, are not subject to subpoena and may not be made public by the superintendent or any other person, except to the extent permitted by Sections 59A-4-7 and 59A-4-13 NMSA 1978. The superintendent may grant access to the national association of insurance commissioners on condition that it agree in writing prior to receiving the information to accord it the same confidential treatment as required by this section, unless the prior written consent of the insurer or person to which it pertains has been obtained.
History: Laws 1984, ch. 127, § 55; 1993, ch. 320, § 7.
The 1993 amendment, effective June 18, 1993, added the language beginning "and all working papers, recorded information" at the end of the first sentence in Subsection B.
Structure New Mexico Statutes
Article 4 - Examinations, Hearings and Appeals
Section 59A-4-1 - Scope of article.
Section 59A-4-2 - Investigations; confidentiality of information pending completion.
Section 59A-4-3 - Inquiries by superintendent.
Section 59A-4-4 - Power of examination; in general.
Section 59A-4-5 - Examination of insurers.
Section 59A-4-6 - Examiners and specialists.
Section 59A-4-7 - Conduct of examination; access to information; correction of records; penalties.
Section 59A-4-8 - Appraisal of assets.
Section 59A-4-9 - Examination report; contents.
Section 59A-4-10 - Examination report; conference; adoption orders; investigatory hearings.
Section 59A-4-11 - Examination report; filing for public inspection; confidentiality.
Section 59A-4-12 - Examination report; information to management of domestic entities.
Section 59A-4-13 - Examination report as evidence; proceedings during examination.
Section 59A-4-14 - Examination expense; payment.
Section 59A-4-15 - Hearings; in general.
Section 59A-4-16 - Notice of hearing.
Section 59A-4-17 - Hearing procedure.
Section 59A-4-18 - Informal hearings.
Section 59A-4-19 - Testimony compelled; immunity.