(a)  The commissioner shall collect and report market data to the NAIC’s market information systems, including the complaint database system, the examination tracking system, and the regulatory information retrieval system, or other comparable successor NAIC products as determined by the commissioner. In addition to complaint data, the accuracy of insurer-specific information reported to the NAIC to be used for market analysis purposes or as the basis for market conduct actions shall be reviewed by appropriate personnel in the department of business regulation and by the insurer.

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Terms Used In Rhode Island General Laws 27-71-12

  • Commissioner: means the "director of the department of business regulation" or his or her designee. See Rhode Island General Laws 27-71-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a written or documented oral communication to the commissioner primarily expressing a grievance, meaning an expression of dissatisfaction. See Rhode Island General Laws 27-71-3
  • 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.
  • Market analysis: means a process whereby market conduct surveillance personnel collect and analyze information from filed schedules, surveys, required reports, and other sources in order to develop a baseline and to identify patterns or practices of insurers licensed to do business in this state that deviate significantly from the norm or that may pose a potential risk to the insurance consumer. See Rhode Island General Laws 27-71-3
  • Market conduct action: means any of the full range of activities that the commissioner may initiate to assess the market and practices of individual insurers, beginning with market analysis and extending to targeted examinations. See Rhode Island General Laws 27-71-3
  • Subpoena: A command to a witness to appear and give testimony.

(b)  Information collected and maintained by the department of business regulation shall be compiled in a manner that meets the requirements of the NAIC.

(c)  After completion of any level of market analysis, prior to further market conduct action, the state shall contact the insurer to review the analysis.

(d)(1)  A company responding to a commissioner’s request to produce information shall produce it as it is kept in the usual course of business or shall organize and label it to correspond with the categories in the demand.

(2)  If a commissioner’s request does not specify the form or forms for producing electronically stored information, a company responding to the request must produce the information in a form or forms in which the company ordinarily maintains it or in a form or forms that are reasonably usable.

(3)  A company responding to an information request need not produce the same electronically stored information in more than one form.

(e)  Whether through market analysis, market conduct action, or in response to another regulatory request, any information provided in response to a data call from the commissioner shall be treated as confidential and privileged. It shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action. No waiver of privilege or confidentiality shall occur as a result of responding to such data call.

History of Section.
P.L. 2008, ch. 72, § 1; P.L. 2008, ch. 233, § 1.