New Hampshire § 402-M-4 - Section 402-M:4 Confidentiality of Certain Proceedings and Records.

§ 402-M-4. Section 402-M:4 Confidentiality of Certain Proceedings and Records.

I. Except as set forth in this section, all administrative and judicial proceedings arising under this chapter shall be held privately unless a public hearing is requested by the insurer, and all proceedings, hearing, notices, correspondence, reports, orders, records, and other information in the possession of the commissioner or the department relating to the supervision of any insurer are confidential and shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties. II. The personnel of the department shall have access to these proceedings, hearings, notices, correspondence, reports, orders, records, or information as permitted by the commissioner. Neither the commissioner nor any person who receive documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to paragraph I. III. The commissioner may share the notices, correspondence, reports, orders, records, or information with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners (NAIC) and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities if the commissioner determines that the disclosure is necessary or proper for the enforcement of the laws of this or another state of the United States; provided, that the recipient agrees to maintain the confidentiality of the documents, material, or other information. No waiver of any applicable privilege or claim of confidentiality shall occur as a result of the sharing of documents, materials, or other information pursuant to this paragraph. IV. This section shall not apply to proceedings under RSA 402-C or to hearings, notices, correspondence, reports, orders, records, or other information obtained upon the appointment of a receiver for the insurer by a court of competent jurisdiction.