{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1317.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1317.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1317.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1317.2.html"}],"law_id":80808,"edition_id":1,"section_id":80808,"structure_id":16073,"section_number":"38.2-1317.2","catch_line":"Market analyses confidential","history":"2008, c. 249.","full_text":"A\n\nAll market analyses concerning companies or insurance transactions that are obtained by the Commission from the NAIC, including information generated by any NAIC databases developed for use by regulators, and all market analyses generated by the Commission based on documents or information submitted to the Commission by a company or person, including its officers, directors, and agents, shall receive confidential treatment by the Commission, shall not be subject to subpoena, and are not public records. All working papers, recorded information, documents and copies thereof produced by, obtained by, or disclosed to the Commission or any other person in the course of a market analysis or market conduct action shall receive confidential treatment by the Commission, shall not be subject to subpoena, and are not public records. Any such disclosure to the Commission shall not constitute a waiver of confidentiality of any such documents or information.B\n\nNotwithstanding other provisions to the contrary, nothing shall prevent or be construed as prohibiting the Commission from disclosing otherwise confidential information, administrative or judicial orders, or the content of any analysis or any matter related thereto, at any time to (i) a regulatory official of any state or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country, provided that those officials are required under their law to maintain its confidentiality. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of any such documents or information.C\n\nDocuments or information received in the course of a market analysis or market conduct action from the NAIC, a law-enforcement official of any state or country, or regulatory officials of any state or country that are confidential in those jurisdictions shall receive confidential treatment by the Commission, shall not be subject to subpoena, and are not public records.D\n\nNothing in this section shall prohibit the Commission from releasing a report containing aggregated findings.","order_by":null,"text":{"0":{"id":289657,"text":"All market analyses concerning companies or insurance transactions that are obtained by the Commission from the NAIC, including information generated by any NAIC databases developed for use by regulators, and all market analyses generated by the Commission based on documents or information submitted to the Commission by a company or person, including its officers, directors, and agents, shall receive confidential treatment by the Commission, shall not be subject to subpoena, and are not public records. All working papers, recorded information, documents and copies thereof produced by, obtained by, or disclosed to the Commission or any other person in the course of a market analysis or market conduct action shall receive confidential treatment by the Commission, shall not be subject to subpoena, and are not public records. Any such disclosure to the Commission shall not constitute a waiver of confidentiality of any such documents or information.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289658,"text":"Notwithstanding other provisions to the contrary, nothing shall prevent or be construed as prohibiting the Commission from disclosing otherwise confidential information, administrative or judicial orders, or the content of any analysis or any matter related thereto, at any time to (i) a regulatory official of any state or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a law-enforcement authority of any state or country, provided that those officials are required under their law to maintain its confidentiality. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of any such documents or information.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289659,"text":"Documents or information received in the course of a market analysis or market conduct action from the NAIC, a law-enforcement official of any state or country, or regulatory officials of any state or country that are confidential in those jurisdictions shall receive confidential treatment by the Commission, shall not be subject to subpoena, and are not public records.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":289660,"text":"Nothing in this section shall prohibit the Commission from releasing a report containing aggregated findings.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16073,"edition_id":1,"name":"Examinations","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13289,"metadata":{},"date_created":"2026-06-26 04:05:04","date_modified":"2026-06-26 04:05:04","permalink":{"id":211555,"object_type":"structure","relational_id":16073,"identifier":"4","token":"38.2\/13\/4","url":"\/38.2\/13\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13289,"edition_id":1,"name":"Reports, Reserves and Examinations, Insurance Holding Companies, Reinsurance Intermediaries, and Managing General Agents","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":211347,"object_type":"structure","relational_id":13289,"identifier":"13","token":"38.2\/13","url":"\/38.2\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85909,"structure_id":16073,"section_number":"38.2-1317","catch_line":"Examinations; when authorized or required","url":"\/38.2-1317\/","token":"38.2\/13\/4\/38.2-1317","metadata":false},{"id":63152,"structure_id":16073,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","url":"\/38.2-1317.1\/","token":"38.2\/13\/4\/38.2-1317.1","metadata":false},{"id":80808,"structure_id":16073,"section_number":"38.2-1317.2","catch_line":"Market analyses confidential","url":"\/38.2-1317.2\/","token":"38.2\/13\/4\/38.2-1317.2","metadata":false},{"id":63265,"structure_id":16073,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","url":"\/38.2-1318\/","token":"38.2\/13\/4\/38.2-1318","metadata":false},{"id":85621,"structure_id":16073,"section_number":"38.2-1319","catch_line":"Expense of examination","url":"\/38.2-1319\/","token":"38.2\/13\/4\/38.2-1319","metadata":false},{"id":67209,"structure_id":16073,"section_number":"38.2-1320","catch_line":"Examination reports; general description","url":"\/38.2-1320\/","token":"38.2\/13\/4\/38.2-1320","metadata":false},{"id":84198,"structure_id":16073,"section_number":"38.2-1320.1","catch_line":"Submission of examination report","url":"\/38.2-1320.1\/","token":"38.2\/13\/4\/38.2-1320.1","metadata":false},{"id":65907,"structure_id":16073,"section_number":"38.2-1320.2","catch_line":"Filing of report on examination","url":"\/38.2-1320.2\/","token":"38.2\/13\/4\/38.2-1320.2","metadata":false},{"id":65066,"structure_id":16073,"section_number":"38.2-1320.3","catch_line":"Examination reports; orders and procedures","url":"\/38.2-1320.3\/","token":"38.2\/13\/4\/38.2-1320.3","metadata":false},{"id":85364,"structure_id":16073,"section_number":"38.2-1320.4","catch_line":"Publication and use of examination reports","url":"\/38.2-1320.4\/","token":"38.2\/13\/4\/38.2-1320.4","metadata":false},{"id":84628,"structure_id":16073,"section_number":"38.2-1320.5","catch_line":"Confidentiality of ancillary information","url":"\/38.2-1320.5\/","token":"38.2\/13\/4\/38.2-1320.5","metadata":false},{"id":63659,"structure_id":16073,"section_number":"38.2-1321","catch_line":"Records of examination preserved","url":"\/38.2-1321\/","token":"38.2\/13\/4\/38.2-1321","metadata":false},{"id":66222,"structure_id":16073,"section_number":"38.2-1321.1","catch_line":"Immunity from liability","url":"\/38.2-1321.1\/","token":"38.2\/13\/4\/38.2-1321.1","metadata":false}],"previous_section":{"id":63152,"structure_id":16073,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","url":"\/38.2-1317.1\/","token":"38.2\/13\/4\/38.2-1317.1","metadata":false},"next_section":{"id":63265,"structure_id":16073,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","url":"\/38.2-1318\/","token":"38.2\/13\/4\/38.2-1318","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1317.2\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 249<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":211565,"object_type":"law","relational_id":80808,"identifier":"38.2-1317.2","token":"38.2\/13\/4\/38.2-1317.2","url":"\/38.2-1317.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1317.2\/","token":"38.2\/13\/4\/38.2-1317.2","dublin_core":{"Title":"Market analyses confidential","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1317.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All market analyses concerning companies or insurance<\/span> transactions that are obtained by the Commission<\/span> from the NAIC, including information generated by any NAIC databases developed for use by regulators, and all market analyses generated by the Commission<\/span> based on documents or information submitted to the Commission<\/span> by a company<\/span> or person<\/span>, including its officers, directors, and agents, shall receive confidential treatment by the Commission<\/span>, shall not be subject to subpoena<\/span>, and are not public records. All working papers, recorded information, documents and copies thereof produced by, obtained by, or disclosed to the Commission<\/span> or any other person<\/span> in the course of a market analysis or market conduct action shall receive confidential treatment by the Commission<\/span>, shall not be subject to subpoena<\/span>, and are not public records. Any such disclosure to the Commission<\/span> shall not constitute a waiver<\/span> of confidentiality of any such documents or information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding other provisions to the contrary, nothing shall prevent or be construed as prohibiting the Commission<\/span> from disclosing otherwise confidential information, administrative or judicial orders<\/span>, or the content of any analysis or any matter related thereto, at any time to (i) a regulatory official of any state<\/span> or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a law<\/span>-enforcement authority of any state<\/span> or country, provided that those officials are required under their law<\/span> to maintain its confidentiality. Any such disclosure by the Commission<\/span> shall not constitute a waiver<\/span> of confidentiality of any such documents or information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Documents or information received in the course of a market analysis or market conduct action from the NAIC, a law<\/span>-enforcement official of any state<\/span> or country, or regulatory officials of any state<\/span> or country that are confidential in those jurisdictions<\/span> shall receive confidential treatment by the Commission<\/span>, shall not be subject to subpoena<\/span>, and are not public records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall prohibit the Commission<\/span> from releasing a report containing aggregated findings<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMARKET ANALYSES CONFIDENTIAL (\u00a7 38.2-1317.2)\n\nA. All market analyses concerning companies or insurance transactions that are\nobtained by the Commission from the NAIC, including information generated by any\nNAIC databases developed for use by regulators, and all market analyses\ngenerated by the Commission based on documents or information submitted to the\nCommission by a company or person, including its officers, directors, and\nagents, shall receive confidential treatment by the Commission, shall not be\nsubject to subpoena, and are not public records. All working papers, recorded\ninformation, documents and copies thereof produced by, obtained by, or disclosed\nto the Commission or any other person in the course of a market analysis or\nmarket conduct action shall receive confidential treatment by the Commission,\nshall not be subject to subpoena, and are not public records. Any such\ndisclosure to the Commission shall not constitute a waiver of confidentiality of\nany such documents or information.\n\nB. Notwithstanding other provisions to the contrary, nothing shall prevent or be\nconstrued as prohibiting the Commission from disclosing otherwise confidential\ninformation, administrative or judicial orders, or the content of any analysis\nor any matter related thereto, at any time to (i) a regulatory official of any\nstate or country; (ii) the NAIC, its affiliate or its subsidiary; or (iii) a\nlaw-enforcement authority of any state or country, provided that those officials\nare required under their law to maintain its confidentiality. Any such\ndisclosure by the Commission shall not constitute a waiver of confidentiality of\nany such documents or information.\n\nC. Documents or information received in the course of a market analysis or\nmarket conduct action from the NAIC, a law-enforcement official of any state or\ncountry, or regulatory officials of any state or country that are confidential\nin those jurisdictions shall receive confidential treatment by the Commission,\nshall not be subject to subpoena, and are not public records.\n\nD. Nothing in this section shall prohibit the Commission from releasing a report\ncontaining aggregated findings.\n\nHISTORY: 2008, c. 249.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}