In all proceedings and judicial reviews under § 31-1308, all records of the insurer, other documents, all Department of Insurance, Securities, and Banking files, court records, and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance, unless and until the Superior Court of the District of Columbia, after hearing arguments from the parties in chambers, shall order otherwise, or unless the insurer requests that the matter be made public. Until such a court order, all papers filed with the clerk of the Superior Court of the District of Columbia shall be held in a confidential file. The Commissioner may share documents, materials, or other information in the possession or control of the Department of Insurance, Securities, and Banking pertaining to an insurer that is the subject of a proceeding under this chapter with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners, including its affiliates and subsidiaries; and with state, federal, and international law enforcement authorities; provided, that the recipient agrees, and has the legal authority, to maintain the confidentiality of the documents, material, or other information. No waiver of an applicable privilege or claim of confidentiality shall occur as a result of disclosure to the Commissioner or of sharing documents, materials, or other information under this section. Nothing in this section shall require an insurer to disclose documents, materials, or other information that is not otherwise required by law to be disclosed.
(Oct. 15, 1993, D.C. Law 10-35, § 10, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(1), 44 DCR 1730; Oct. 21, 2000, D.C. Law 13-191, § 2(a), 47 DCR 7311; June 11, 2004, D.C. Law 15-166, § 4(i)(3), 51 DCR 2817.)
Prior Codifications1981 Ed., § 35-2809.
Section ReferencesThis section is referenced in § 31-1352.
Effect of AmendmentsD.C. Law 13-191 added the concluding three sentences to the section.
D.C. Law 15-166 substituted “Department of Insurance, Securities, and Banking” for “Department of Insurance Securities” and substituted “Department of Insurance, Securities, and Banking” for “Department of Insurance and Securities Regulation”.
Cross ReferencesAncillary proceedings, domiciliary state of any foreign or alien insurer having property located in the District, see § 31-1352.
Emergency LegislationFor temporary (90 day) amendment of section, see § 4(i)(3) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).