New Hampshire Revised Statutes 402-M:4 – Confidentiality of Certain Proceedings and Records
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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 N.H. Rev. Stat. Chapter 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.
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.
Terms Used In New Hampshire Revised Statutes 402-M:4
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
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 N.H. Rev. Stat. Chapter 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.