31A-36-115.   Confidentiality.
     (1) The following shall be classified as protected records under Title 63G, Chapter 2, Government Records Access and Management Act:
     (a) a document or information furnished pursuant to Section 31A-36-114; and
     (b) a document or information obtained by the commissioner in an investigation of a violation of Section 31A-36-113.
     (2) Subsection (1) does not prohibit the commissioner from disclosing documents or evidence so furnished or obtained:
     (a) in an administrative or judicial proceeding to enforce laws administered by the commissioner;
     (b) to federal, state, or local law enforcement or regulatory agencies;
     (c) to an organization established to detect and prevent fraudulent life settlement acts;
     (d) to the National Association of Insurance Commissioners; or
     (e) to a person engaged in the business of life settlements that is aggrieved by the violation.
     (3) Disclosure of a document or evidence under Subsection (2) does not abrogate or modify the privilege granted in Subsection (1).

Amended by Chapter 355, 2009 General Session
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Last revised: Thursday, May 28, 2009