Court Opinions

State Laws

US Code

US Constitution

Texas Insurance Code - Not Codified - Section 21A.056. Confidentiality

Legal Research Home > Texas Laws > Insurance Code - Not Codified > Texas Insurance Code - Not Codified - Section 21A.056. Confidentiality

Sec. 21A.056. CONFIDENTIALITY.  (a) The commissioner,
rehabilitator, or liquidator may share documents, materials, or
other information in the possession, custody, or control of the
department without regard to the confidentiality of those
documents, materials, or information, pertaining to an insurer that
is the subject of a proceeding under this chapter with other state,
federal, and international regulatory agencies, with the National
Association of Insurance Commissioners and its affiliates and
subsidiaries, with state, federal, and international law
enforcement authorities, with an auditor appointed by the
receivership court in accordance with Section 21A.355, and,
pursuant to Section 21A.105, with representatives of guaranty
associations that may have statutory obligations as a result of the
insolvency of the insurer, provided that the recipient agrees to
maintain the confidentiality, if any, of the documents, material,
or other information.  Nothing in this section limits the power of
the commissioner to disclose information under other applicable
law.
	(b)  A domiciliary receiver shall permit a commissioner of
another state or a guaranty association to obtain a listing of
policyholders and certificate holders residing in the requestor's
state, including current addresses and summary policy information,
provided that the commissioner of the other state or the guaranty
association agrees to maintain the confidentiality of the records
and agrees that the records will be used only for regulatory or
guaranty association purposes.  Access to records may be limited to
normal business hours.  In the event that the domiciliary receiver
believes that certain information is sensitive and that disclosure
may cause a diminution in recovery, the receiver may apply for a
protective order imposing additional restrictions on access.
	(c)  The Texas Workers' Compensation Commission shall report
to the department any information that a workers' compensation
insurer has committed acts that indicate that the insurer is
impaired or insolvent.  A report made under this subsection is
confidential under this section.
	(d)  The confidentiality obligations imposed by this section
end upon the entry of an order of liquidation against the insurer,
unless otherwise agreed to by the parties or pursuant to an order of
the receivership court.
	(e)  A waiver of any applicable privilege or claim of
confidentiality does not occur as a result of any disclosure, or any
sharing of documents, materials, or other information, made
pursuant to this section.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007