§431:9A-115  Notification to commissioner oftermination.  (a)  An insurer, authorized representative of the insurer, ora producer that terminates the appointment, employment, contract, or otherinsurance business relationship with a producer shall notify the commissionerwithin thirty days following the effective date of the termination, using theapplicable format prescribed by the commissioner.  An insurer, an authorizedrepresentative of the insurer, or a producer who terminates a producer for oneof the reasons set forth in section 431:9A-112 or who has knowledge theproducer was found by a court, governmental body, or self-regulatoryorganization to have engaged in any of the activities in section 431:9A-112,shall use the particular format for that situation as prescribed by thecommissioner.  Upon the written request of the commissioner, the insurer shallprovide additional information, documents, records, or other data pertaining tothe termination or activity of the producer.

(b)  The insurer, an authorized representativeof the insurer, or a producer shall promptly notify the commissioner in aformat acceptable to the commissioner if, upon further review or investigation,the insurer, an authorized representative of the insurer, or a producer discoversadditional information that would have been reportable to the commissioner inaccordance with subsection (a) had the insurer, authorized representative ofthe insurer, or producer then known of its existence.

(c)  The insurer, authorized representative ofthe insurer, and the producer are subject to the following:

(1)  Within fifteen days after making the notificationrequired by subsections (a) and (b), the insurer, authorized representative ofthe insurer, or the producer shall mail a copy of the notification to theproducer at the producer's last known address.  If the producer is terminatedfor any of the causes listed in section 431:9A-112, the insurer, authorizedrepresentative of the insurer, or the producer shall provide a copy of the notificationto the producer at the producer's last known address by certified mail, returnreceipt requested, postage prepaid or by overnight delivery using a nationallyrecognized carrier.

(2)  Within thirty days after the producer hasreceived the original or additional notification, the producer may file writtencomments concerning the substance of the notification with the commissioner. The producer, by the same means, shall simultaneously send a copy of thecomments to the reporting insurer, authorized representative of the insurer, orthe producer, and the comments shall become a part of the commissioner's fileand shall accompany every copy of a report distributed or disclosed for anyreason about the producer as permitted under subsection (e).

(d)  Immunity from civil liability fornotification applies as follows:

(1)  In the absence of actual malice, an insurer, theinsurer's authorized representative, a producer, the commissioner, or anorganization of which the commissioner is a member and that compiles theinformation and makes it available to other commissioners or regulatory or lawenforcement agencies shall not be subject to civil liability, and a civil causeof action of any nature shall not arise against these entities or theirrespective agents or employees, as a result of any statement or informationrequired by or provided pursuant to this section or any information relating toany statement that may be requested in writing by the commissioner, from aninsurer or producer; or a statement by a terminating insurer or producer to aninsurer or producer limited solely and exclusively to whether a terminationunder subsection (a) was reported to the commissioner, provided that thepropriety of any termination under subsection (a) is certified in writing by anofficer or authorized representative of the insurer or producer terminating therelationship.

(2)  In any action brought against a person that mayhave immunity under paragraph (1) for making any statement required by thissection or for providing any information relating to any statement that may berequested by the commissioner, the party bringing the action shall pleadspecifically in any allegation that paragraph (1) does not apply because theperson making the statement or providing the information did so with actualmalice.

(3)  Paragraphs (1) or (2) shall not abrogate ormodify any existing statutory or common law privileges or immunities.

(e)  Confidentiality and privilege fromdisclosure is established as follows:

(1)  Any documents, materials, or other information inthe control or possession of the commissioner or any agent of the commissionerthat is furnished by an insurer, producer, or an employee or agent thereof whois acting on behalf of the insurer or producer, or is obtained by thecommissioner, any agent of the commissioner, the insurance division, or anyemployee of the insurance division, in an investigation pursuant to thissection shall be confidential and privileged, shall not be subject to chapter92F, shall not be subject to subpoena, shall not be subject to discovery, andshall not be admissible in evidence in any civil action; provided that thecommissioner or the commissioner's designee is authorized to use the documents,materials, or other information in the furtherance of any regulatory or legalaction brought as a part of the commissioner's duties.

(2)  Neither the commissioner nor any person whoreceived documents, materials, or other information while acting under theauthority of the commissioner shall be required to testify in any civil actionconcerning any confidential documents, materials, or information subject toparagraph (1).

(3)  Any provision to the contrary notwithstanding,the commissioner may:

(A)  Share documents, materials, or otherinformation, including the confidential and privileged documents, materials, orinformation subject to paragraph (1), with other state, federal, andinternational regulatory and law enforcement agencies and authorities, theNational Association of Insurance Commissioners, and their affiliates orsubsidiaries; provided that the recipient agrees to maintain theconfidentiality and privileged status of the document, material, or otherinformation;

(B)  Receive documents, materials, orinformation, including otherwise confidential and privileged documents,materials, or information, from the National Association of InsuranceCommissioners, its affiliates or subsidiaries and from state, federal, andinternational regulatory and law enforcement agencies and authorities and shallmaintain as confidential or privileged any document, material, or informationreceived with the notice or the understanding that it is confidential orprivileged under the laws of the jurisdiction that is the source of thedocument, material, or information; and

(C)  Enter into agreements governing sharingand use of information consistent with this subsection.

(4)  No waiver of any applicable privilege or claim ofconfidentiality in the documents, materials, or information shall occur as aresult of disclosure to the commissioner under this section or as a result ofsharing, receiving, or using the information as authorized in paragraph (3).

(5)  Nothing in this article shall prohibit thecommissioner from releasing final, adjudicated actions including terminationsthat are open to public inspection pursuant to section 431:2-209 to a databaseor other clearinghouse service maintained by the National Association ofInsurance Commissioners or its affiliates or subsidiaries.

(f)  An insurer, the authorized representativeof the insurer, or a producer who fails to report as required under theprovisions of this section or who is found to have reported with actual maliceby a court of competent jurisdiction may, after notice and hearing, have itslicense or certificate of authority suspended or revoked and may be fined inaccordance with article 2. [L 2001, c 216, pt of §2; am L 2002, c 155, §33]