                                 CODE OF VIRGINIA

IMMUNITIES; CONFIDENTIALITY (§ 38.2-1845.20)

A. Any documents, materials, or other information in the control or possession
of the Commission that is furnished by an insurer, agent, or public adjuster or
by an employee thereof acting on behalf of the insurer, agent, or public
adjuster or obtained by the Commission in an investigation pursuant to this
article shall be confidential by law and privileged, shall not be subject to
inspection or review by the general public, shall not be subject to subpoena,
and shall not be subject to discovery or admissible in evidence in any private
civil action. However, the Commission is authorized to use the documents,
materials, or other information in the furtherance of any regulatory or legal
action brought as a part of the Commission&#8217;s duties.

B. Neither the Commission nor any person who received documents, materials, or
other information while acting under the authority of the Commission shall be
permitted or required to testify in any private civil action concerning any
confidential documents, materials, or information subject to subsection A.

C. In order to assist in the performance of the Commission&#8217;s duties under
this chapter, the Commission:

   1. May share documents, material, or other information, including the
   confidential and privileged documents, materials, or information subject to
   subsection A, with other state, federal, and international regulatory
   agencies; the NAIC, its affiliates, or subsidiaries; and with local, 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.

   2. May receive documents, materials, or information, including otherwise
   confidential and privileged documents, materials, or information, from the
   NAIC, its affiliates, or 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.

D. 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 Commission under this section or as a result of sharing as authorized in
subsection C.

E. Nothing in this chapter shall prohibit the Commission from releasing final,
adjudicated actions including for cause terminations that are open to public
inspection pursuant to Chapter 4 (&#xA7; 12.1-18 et seq.) of Title 12.1 to a
database or other clearinghouse service maintained by the NAIC, its affiliates,
or subsidiaries.

HISTORY: 2012, cc. 734, 735.