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Rule 511.?Insurance Regulators.

(a) Definitions.

??????????? (1)?Commissioner? has the same meaning as set forth in Utah Code ?31A-1- 301.

??????????? (2)?Department? has the same meaning as set forth in Utah Code ?31A-1- 301.

??????????? (3)?NAIC? means the National Association of Insurance Commissioners.

??????????? (4)?Confidential Information? means information, documents, and copies of thesethat are obtained by or disclosed to the Commissioner or any other person inthe course of an examination or investigation made under Utah Code ?31A-16-107.5,?31A-16a-107 and all information reported under Utah Code ??31A-16-105 and 31A-16a-105.

(b) Statement of the privilege for Confidential Information.

??????????? (1)The Commissioner and the Department have a privilege to refuse to disclose in aprivate civil action Confidential Information that is within the possession orcontrol of the Commissioner and the Department, unless the Commissioner hasdetermined that the Confidential Information may be released pursuant to UtahCode ??31A-16-109 and 31A-16a-108.

??????????? (2)The NAIC has a privilege to refuse to disclose in a private civil actionConfidential Information that is within the possession or control of the NAIC.

(c) Who may claim. The privilege may be claimed solely by the Commissioner,representatives of the Department, or representatives of the NAIC.

(d) Circumstances not constituting waiver. No waiver of any applicable privilege shall occur as aresult of disclosure of documents, materials, or information to theCommissioner under Utah Code ??31A-16-109 and 31A-16a-108 or as a result of sharingdocuments, materials, or information under Utah Code ??31A-16-109(3) and31A-16a-108(3).

Effective December 1, 2017

2017 Committee Note.? The 2017 amendments reflect 2017 legislative changes to theunderlying statute. Minor style and other non-substantive edits were also made.