NAC681B.290. Confidentiality of records.

     1. If submitted with the express condition that they remain confidential, all documents filed pursuant to NAC 681B.280 and 681B.285, and any other materials provided by a property and casualty insurance company to the Commissioner in connection therewith, must be kept confidential by the Commissioner, are privileged, are not open to the public and are not subject to subpoena.

     2. Neither the Commissioner nor any person who received documents, other materials or information contained therein while acting under the authority of the Commissioner is permitted or required to testify in any private civil action concerning any documents, other materials or information contained therein made confidential pursuant to this section.

     3. The provisions of this section shall not be construed to limit the Commissioner’s authority:

     (a) To release documents or other materials to the Actuarial Board for Counseling and Discipline or its successor organization if the documents or other materials are required for the purpose of professional disciplinary proceedings and the Actuarial Board for Counseling and Discipline establishes procedures satisfactory to the Commissioner for preserving the confidentiality of the documents or other materials; or

     (b) To use the documents or other materials or information contained therein in furtherance of any regulatory or legal action brought as part of the Commissioner’s official duties.

     (Added to NAC by Comm’r of Insurance by R072-10, eff. 12-16-2010)