State Codes and Statutes
Statutes > Utah > Title-31a > Chapter-27a > 31a-27a-20631A-27a-206. Confidentiality.
(1) (a) Except as provided in Subsection (1)(b), in a delinquency proceeding or a judicialreview under Section 31A-27a-201:
(i) all records of the insurer, department files, court records and papers, and otherdocuments, so far as they pertain to or are a part of the record of the proceedings, areconfidential; and
(ii) a paper filed with the clerk of the Third District Court for Salt Lake County shall beheld by the clerk in a confidential file as permitted by law.
(b) The items listed in Subsection (1)(a) are subject to Subsection (1)(a):
(i) except to the extent necessary to obtain compliance with an order entered inconnection with the proceeding; and
(ii) unless and until:
(A) the Third District Court for Salt Lake County, after hearing argument in chambers,orders otherwise;
(B) the insurer requests that the matter be made public; or
(C) the commissioner applies for an order under Section 31A-27a-207.
(2) (a) If the recipient agrees to maintain the confidentiality of the document, material, orother information, the commissioner or rehabilitator may share a document, materials, or otherinformation in the possession, custody, or control of the department, pertaining to an insurer thatis the subject of a delinquency proceeding under this chapter with:
(i) another state, federal, and international regulatory agency;
(ii) the National Association of Insurance Commissioners and its affiliates orsubsidiaries;
(iii) a state, federal, and international law enforcement authority;
(iv) an auditor appointed by the receivership court in accordance with Section31A-27a-805; or
(v) a representative of an affected guaranty association.
(b) If the domiciliary receiver believes that certain information is sensitive, the receivermay share that information subject to a continuation of the confidentiality obligations beyond theperiod allowed in Subsection (3).
(c) This section does not limit the power of the commissioner to disclose informationunder other applicable law.
(3) (a) A domiciliary receiver shall permit a commissioner or a guaranty association ofanother state to obtain a listing of policyholders and certificate holders residing in the requestor'sstate, including current addresses and summary policy information, if the commissioner or theguaranty association of another state agrees:
(i) to maintain the confidentiality of the record; and
(ii) that the record will be used only for regulatory or guaranty association purposes.
(b) Access to a record under this Subsection (3) may be limited to normal business hours.
(c) If the domiciliary receiver believes that certain information described in thisSubsection (3) is sensitive and disclosure might cause a diminution in recovery, the receiver mayapply for a protective order imposing additional restrictions on access.
(4) (a) The confidentiality obligations imposed by this section shall end upon the entry ofan order of liquidation against the insurer, unless:
(i) otherwise agreed to by the parties; or
(ii) pursuant to an order of the receivership court.
(b) A continuation of confidentiality as provided in Subsection (2) does not apply to aninsurer record necessary for a guaranty association to discharge its statutory responsibilities.
(5) A waiver of an applicable privilege or claim of confidentiality does not occur as aresult of a disclosure, or any sharing of documents, materials, or other information, madepursuant to this section.
Enacted by Chapter 309, 2007 General Session
