Disclosure of information by the SAM

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  • Information submitted pursuant to this subchapter is confidential and may not be made public by the SAM or an agent or employee of the SAM without the prior written consent of the SPFC, except that:
    • (a) information submitted pursuant to this subchapter is discoverable by a party in a civil action or contested case to which the submitting SPFC is a party, upon a specific finding by the court that:

      • (1) the SPFC is a necessary party to the action and not joined only for the purposes of evading the confidentiality provisions of this subchapter;

      • (2) the party seeking the information demonstrates by a clear and convincing standard that the information sought is relevant, material to, and necessary for the prosecution or defense of the claim asserted in the action; and

      • (3) the information sought is unavailable from other non-confidential sources.

    • (b) The SAM may disclose the information to the public officer having jurisdiction over the regulation of insurance in another territory or state if:

      • (1) the public official agrees in writing to maintain the confidentiality of the information; and

      • (2) the laws of the territory or state in which the public official serves require the information to be confidential.


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