Confidentiality of contracts

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    (a)    Unless the insurer to which a contract relates gives written consent, the contract between a managing general agent and an insurer obtained by the Commissioner during an examination or investigation under this subtitle, or reported or filed under this subtitle:

        (1)    shall be treated confidentially;

        (2)    is not subject to subpoena; and

        (3)    may not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person.

    (b)    The Commissioner may publish all or part of a contract between a managing general agent and an insurer in the manner that the Commissioner considers appropriate if, after giving the managing general agent and insurer notice and an opportunity to be heard, the Commissioner finds that the interest of the policyholders or the public will be served by publication of the contract.


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