West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-41A - Property And Casualty Actuarial Opinion
Section 114-41A-3 - Confidentiality
Universal Citation: 114 WV Code of State Rules 114-41A-3
Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. The Statement of Actuarial Opinion shall be provided with the Annual Statement in accordance with the appropriate NAIC Property and Casualty Annual Statement Instructions and shall be treated as a public document.
3.2. In order to assist in the performance of the Commissioner's duties, he or she may:
3.2.a. Share documents, materials or other
information, including confidential and privileged documents, materials or
information, with the Actuarial Board for Counseling and Discipline (ABCD) so long
as the material is required for the purpose of professional disciplinary
proceedings, with other states, federal and international regulatory agencies, with
the NAIC and its affiliates and subsidiaries, and with state, federal and
international law enforcement authorities, provided that the recipient agrees to
maintain the confidentiality and privileged status of the document, material or
other information and has the legal authority to maintain confidentiality;
3.2.b. Receive documents, materials or
information, including otherwise confidential and privileged documents, materials or
information, from the NAIC and its affiliates and subsidiaries, and from regulatory
and law enforcement officials of other foreign or domestic jurisdictions, and shall
maintain as confidential or privileged any document, material or information
received with notice or the understanding that it is confidential or privileged
under the laws of the jurisdiction that is the source of the document, material or
information; and
3.2.c. Enter into
agreements governing sharing and use of information consistent with subsection 3.2
of this rule.
3.3. No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection 3.2 of this rule.
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