| 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 |
|
|