A. Evidence relative to the subject of an investigation being conducted by the superintendent shall not be open to public inspection for so long as the superintendent deems reasonably necessary to complete the investigation, to protect the person investigated from unwarranted injury, or to be in the public interest.
B. Evidence relative to the subject of such an investigation shall not be subject to subpoena until opened for public inspection by the superintendent, unless the superintendent consents to such subpoena or until, after notice to the superintendent and hearing, the court determines that conduct of the superintendent's investigation or the subject thereof would not be unreasonably injured by the subpoena.
C. Except as otherwise expressly provided, the superintendent or insurance department investigators shall not be subject to subpoena in civil actions by any court of this state to testify concerning any information secured by them during their uncompleted investigation or examination.
History: Laws 1984, ch. 127, ยง 46.
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.