| | | C.__This subsection does not abrogate or modify common law | | or statutory privileges or immunities enjoyed by a person | | described in subsection 4. |
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| | | 6.__Confidentiality. The following provisions apply. |
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| | | A.__The documents and evidence provided pursuant to | | subsection 4 or obtained by the superintendent in an | | investigation of suspected or actual fraudulent viatical or | | life settlement acts is privileged and confidential and is | | not a public record under Title 1, chapter 13 and is not | | subject to discovery or subpoena in a civil or criminal | | action. |
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| | | B.__Paragraph A does not prohibit release by the | | superintendent of documents and evidence obtained in an | | investigation of suspected or actual fraudulent viatical or | | life settlement acts: |
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| | | (1) In administrative or judicial proceedings to | | enforce laws administered by the superintendent; |
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| | | (2) To federal, state or local law enforcement or | | regulatory agencies, to an organization established for | | the purpose of detecting and preventing fraudulent | | viatical or life settlement acts or to the National | | Association of Insurance Commissioners or its successor | | organization; or |
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| | | (3) At the discretion of the superintendent, to a | | person in the business of settlements that is aggrieved | | by a fraudulent viatical or life settlement act. |
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| | | C.__Release of documents and evidence under paragraph B does | | not abrogate or modify the privilege granted in paragraph A. |
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| | | 7.__Other law enforcement or regulatory authority. This | | section does not: |
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| | | A.__Preempt the authority or relieve the duty of other law | | enforcement or regulatory agencies to investigate, examine | | and prosecute suspected violations of law; |
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| | | B.__Prevent or prohibit a person from disclosing voluntarily | | information concerning viatical or life settlement fraud to | | a law enforcement or regulatory agency other than the | | bureau; or |
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| | | C.__Limit the powers granted elsewhere by the laws of this | | State to the superintendent or an insurance fraud unit to |
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