25.8123.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Industry and Business Committee
(At the request of the Insurance Commissioner)
A BILL for an Act to amend and reenact subsection 1 of section 26.1-02-31 and subsection 6 of
section 26.1-03-19.4 of the North Dakota Century Code, relating to confidentiality of insurance
department records.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 26.1-02-31 of the North Dakota
Century Code is amended and reenacted as follows:
1.A document, material, or other information, including the contents of a claim file, which
is provided to, obtained by, created by, or disclosed to the commissioner in response
to a consumer assistance request or a complaint is confidential and not subject to
section 44-04-18, a subpoena to the department, or discovery request or admissible
as evidence in a private civil action. However, the commissioner may disclose the
subject matter of the assistance request or complaint, provide a general description of
the disposition of the request or complaint, andThe commissioner may use the
document, material, or other information for a regulatory or legal action brought as a
part of the official duties of the commissioner. This section does not preclude the
commissioner from publishing orders resulting from administrative action taken by the
commissioner or providing the general description of the disposition of the consumer
assistance request or complaint.
SECTION 2. AMENDMENT. Subsection 6 of section 26.1-03-19.4 of the North Dakota
Century Code is amended and reenacted as follows:
6.All working papers, recorded information, documents, and copies thereof produced by,
obtained by, or disclosed to the commissioner or any other person in the course of an
Page No. 1 25.8123.02000
ENGROSSED SENATE BILL NO. 2089
FIRST ENGROSSMENT
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22 Sixty-ninth
Legislative Assembly
examination made under this chapter, or in the course of analysis by the commissioner
of the financial condition or market conduct of the company, must be given confidential
treatment and are not subject to subpoena and may not be made public by the
commissioner or any other person, except to the extent provided in subsection 5.
Access also may be granted to the national association of insurance commissioners.
The parties must agree in writing prior to receiving the information to provide to it the
same confidential treatment as required by this section, unless the prior written
consent of the company to which it pertains has been obtained. Disclosure of
documents, materials, or information to the commissioner under this section, or as a
result of sharing as authorized in subdivision b of subsection 5, does not waive an
existing privilege or claim of confidentiality.
Page No. 2 25.8123.02000
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