LD 1907
pg. 20
Page 19 of 38 An Act To Govern and Regulate Life Settlements Page 21 of 38
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LR 2724
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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.

 
F.__A waiver of any applicable privilege or claim of
confidentiality in the documents, materials or information
does not occur as a result of disclosure to the
superintendent under this section or as a result of sharing
as authorized in paragraph E.

 
G.__A privilege established under the law of any state or
jurisdiction that is substantially similar to the privilege
established under this subsection is available and enforced
in any proceeding in, and in any court of, this State.

 
H.__This chapter may not prevent or be construed as
prohibiting the superintendent from disclosing the content
of an examination report or preliminary examination report
or results, or any matter relating thereto, to the
superintendent of insurance of any other state or country or
to law enforcement officials of this State or any other
state or an agency of the Federal Government at any time or
to the National Association of Insurance Commissioners, or
its successor organization, as long as such agency or office
receiving the report or matters relating thereto agrees in
writing to hold it confidential and in a manner consistent
with this chapter.

 
8.__Conflict of interest. The following provisions apply.

 
A.__An examiner may not be appointed by the superintendent
if the examiner, either directly or indirectly, has a
conflict of interest or is affiliated with the management of
or owns a pecuniary interest in any person subject to
examination under this chapter. This section may not be
construed to automatically preclude an examiner from being:

 
(1) A viator;

 
(2) An insured in an insurance policy acquired pursuant
to a settlement contract; or

 
(3) A beneficiary in an insurance policy that is
proposed to be acquired pursuant to a settlement
contract.

 
B.__Notwithstanding the requirements of this subsection, the
superintendent may retain from time to time, on an individual
basis, qualified actuaries, certified public accountants or
similar individuals who are independently


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