LD 1990
pg. 8
Page 7 of 10 An Act To Create the Insurance Fraud Division within the Bureau of Insurance ... Page 9 of 10
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LR 3088
Item 1

 
information if that information is furnished to or received from an
authorized agency.__This subsection is not intended to abrogate or
modify in any way any common law or statutory privilege or immunity
previously enjoyed by any person.

 
§7006.__Confidentiality

 
1.__Documents, materials and other information.__Documents,
materials and other information in the possession or control of
the bureau that are provided pursuant to section 7005 or obtained
by the superintendent in an investigation of suspected or actual
fraudulent insurance acts are confidential by law and privileged,
are not subject to disclosure as public records under Title 1,
chapter 13, are not subject to subpoena and are not subject to
discovery or admissible in evidence in any private civil action,
except that the superintendent is authorized to use the
documents, materials and other information in the furtherance of
any regulatory or legal action brought as a part of the
superintendent's official duties.

 
2.__Testimony in civil action.__The superintendent or any
person who received documents, materials or other information
while acting under the authority of the superintendent may not be
permitted or required to testify in any private civil action
concerning any confidential documents or information subject to
subsection 1.

 
3.__Superintendent may share or receive documents.__In order
to assist in the performance of the superintendent's duties, the
superintendent may share or receive documents, materials or other
information, including the confidential and privileged documents,
materials or information subject to subsection 1 in accordance
with section 216, subsection 5.

 
4.__Sharing of documents for law enforcement purposes.__This
section does not prohibit the superintendent from providing
information to or receiving information from any local, state,
federal or international law enforcement authorities, including
any prosecutorial authority, or from complying with subpoenas or
other lawful process in criminal actions or as may otherwise be
provided in this chapter.

 
5.__No waiver.__No waiver of any applicable privilege or claim
of confidentiality in documents, materials or information occurs
as a result of their disclosure to the superintendent under this
chapter or as a result of sharing as authorized in subsection 3.

 
§7007.__Civil penalties


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