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Rule 511.  Insurance Regulators.

 

(a)Definitions.

            (a)(1) ?Commissioner? has the same meaningas set forth in UtahCode ? 31A-1-301.

 

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

 

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

 

(a)(4) ?Confidential Information?means information, documents, and copies of these that are obtained by ordisclosed to the Commissioner or any other person in the course of an examinationor investigation made under UtahCode ? 31A-16-107.5, ?31A-16a-107 and all information reported under UtahCode ?? 31A-16-105 and 31A-16a-105.

 

(b)Statement of the privilege for Confidential Information.

(b)(1) The Commissioner and theDepartment have a privilege to refuse to disclose in a private civil actionConfidential Information that is within the possession or control of theCommissioner and the Department, unless the Commissioner has determined thatthe Confidential Information may be released pursuant to UtahCode ?? 31A-16-109 and 31A-16a-108.

            

(b)(2) The NAIC has a privilegeto refuse to disclose in a private civil action Confidential Information thatis within the possession or control of the NAIC.

 

(c) Whomay claim. The privilege may beclaimed solely by the Commissioner, representatives of the Department, orrepresentatives 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 ofsharing documents, materials, or information under Utah Code ?? 31A-16-109(3)and 31A-16a-108(3).

 

 

EffectiveDecember 1, 2017

 

 

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