Ohio § 3903.11

§ 3903.11.

(A) In all proceedings and judicial reviews thereof under sections 3903.09 and 3903.10 of the Revised Code , all records of the insurer, other documents, and all department of insurance files

and 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 and privileged except as is necessary

to enforce compliance with those sections, unless and until the court of common pleas,

after hearing arguments from the parties in chambers, shall order otherwise, or unless

the insurer requests in writing that the matter be made public.  Until such court order or such request from the insurer, all papers filed with the

clerk of the court shall be held by the clerk in a confidential file. (B) Notwithstanding division (A) of this section, the superintendent may do either of

the following: (1) Share the documents and information that are the subject of this section with the

chief deputy rehabilitator, the chief deputy liquidator, other deputy rehabilitators

and liquidators, and any other person employed by, or acting on behalf of, the superintendent

pursuant to Chapter 3901. or 3903. of the Revised Code, with other local, state, federal,

and international regulatory and law enforcement agencies, with local, state, and

federal prosecutors, and with the national association of insurance commissioners

and its affiliates and subsidiaries, provided that the recipient agrees to maintain

the confidential or privileged status of the confidential or privileged document or

information and has authority to do so; (2) Disclose documents and information that are the subject of this section in the furtherance

of any regulatory or legal action brought by or on behalf of the superintendent or

the state, resulting from the exercise of the superintendent's official duties. (C) Notwithstanding divisions (A) and (B) of this section, the superintendent may authorize

the national association of insurance commissioners and its affiliates and subsidiaries

by agreement to share confidential or privileged documents or information received

pursuant to division (B)(1) of this section with local, state, federal, and international

regulatory and law enforcement agencies and with local, state, and federal prosecutors,

provided that the recipient agrees to maintain the confidential or privileged status

of the confidential or privileged document or information and has authority to do

so. (D) Notwithstanding divisions (A) and (B) of this section, the chief deputy rehabilitator,

the chief deputy liquidator, and other deputy rehabilitators and liquidators may disclose

documents and information that are the subject of this section in the furtherance

of any regulatory or legal action brought by or on behalf of the superintendent, the

rehabilitator, the liquidator, or the state resulting from the exercise of the superintendent's

official duties in any capacity. (E) Nothing in this section shall prohibit the superintendent from receiving documents

or information in accordance with section 3901.045 of the Revised Code . (F) The superintendent may enter into agreements governing the sharing and use of documents

and information consistent with the requirements of this section. (G)(1) No waiver of any applicable privilege or claim of confidentiality in the documents

and information described in this section shall occur as a result of sharing or receiving

documents and information as authorized in divisions (B)(1), (C), and (E) of this

section. (2) The disclosure of documents or information in connection with a regulatory or legal

action pursuant to divisions (B)(2) and (D) of this section does not prohibit an insurer

or any other person from taking steps to limit the dissemination of the document or

information to persons not involved in or the subject of the regulatory or legal action

on the basis of any recognized privilege arising under any other section of the Revised

Code or the common law.