Chapter 79: RISK-BASED CAPITAL STANDARDS HEADING: PL 1993, C. 634, PT. A, §1 (NEW)
§6458. Confidentiality and prohibition on announcements
The following constitute information that might be damaging to the insurer if made
available to its competitors and must be kept confidential by the superintendent:
A. Risk-based capital reports, with respect to any domestic insurer or foreign insurer,
that are filed with the superintendent, to the extent that the information in the
reports is not required to be set forth in a publicly available annual statement schedule;
and [1993, c. 634, Pt. A, §1 (NEW).]
B. Risk-based capital plans, with respect to any domestic insurer or foreign insurer,
that are filed with the superintendent, including the results or report of any examination
or analysis of an insurer performed pursuant to this chapter and any corrective order
issued by the superintendent pursuant to the examination or analysis. [1993, c. 634, Pt. A, §1 (NEW).]
The information listed in paragraph A or B may not be made public or be subject to
subpoena, other than by the superintendent and then only for the purpose of enforcement
actions taken by the superintendent pursuant to this chapter or any other provision
of the insurance laws of this State.
1993, c. 634, Pt. A, §1 (NEW)
2.Prohibition on dissemination of information regarding risk-based capital levels.
Except as otherwise required under this chapter, making, publishing, disseminating,
circulating or placing before the public, or causing, directly or indirectly, to be
made, published, disseminated, circulated or placed before the public, in a newspaper,
magazine or other publication, or in the form of a notice, circular, pamphlet, letter
or poster, or over any radio or television station, or in any other way, an advertisement,
announcement or statement containing an assertion or representation with regard to
the risk-based capital levels of any insurer, or of any component derived in the calculation
of risk-based capital levels, by any insurer, agent, broker or other person engaged
in any manner in the insurance business would be misleading and is prohibited; provided,
however, that if any materially false statement with respect to the comparison between
an insurer's total adjusted capital to its risk-based capital levels or an inappropriate
comparison of any other amount to the insurer's risk-based capital levels is published
in any written publication and the insurer is able to demonstrate to the superintendent
with substantial proof the falsity of that statement, or the inappropriateness, as
the case may be, then the insurer may publish an announcement in a written publication
if the sole purpose of the announcement is to rebut the materially false statement.
1993, c. 634, Pt. A, §1 (NEW)
1993, c. 634, §A1 (NEW).
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