LD 1907
pg. 36
Page 35 of 38 PUBLIC Law Chapter 636 Page 37 of 38
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LR 2724
Item 1

 
C.__This subsection does not abrogate or modify common law
or statutory privileges or immunities enjoyed by a person
described in subsection 4.

 
6.__Confidentiality. The following provisions apply.

 
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.

 
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:

 
(1) In administrative or judicial proceedings to
enforce laws administered by the superintendent;

 
(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

 
(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.

 
C.__Release of documents and evidence under paragraph B does
not abrogate or modify the privilege granted in paragraph A.

 
7.__Other law enforcement or regulatory authority. This
section does not:

 
A.__Preempt the authority or relieve the duty of other law
enforcement or regulatory agencies to investigate, examine
and prosecute suspected violations of law;

 
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

 
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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