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6-5-694
Section 6-5-694 Discovery. (a) In an asbestos action, there shall be a rebuttable presumption
that trust claim materials and trust governance documents are relevant, authentic, and admissible
in evidence. A claim of privilege does not apply to trust claim materials or trust governance
documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust.
The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide
consent or other expression of permission that may be required by the asbestos trust to release
the information and materials sought by the defendant. (Act 2019-261, §1.)...
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6-5-691
Section 6-5-691 Definitions. For the purposes of this article, the following terms shall have
the following meanings: (1) ASBESTOS ACTION. A civil action arising out of, based on, or related
to the health effects of exposure to asbestos and any derivative claim made by or on behalf
of a person exposed to asbestos or a representative, spouse, parent, child, or other relative
of that person. The term asbestos action does not include claims alleging ovarian cancer.
(2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund,
compensation fund, or claims facility that is created as a result of an administrative or
legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. §524(g), 11 U.S.C. §1121(a),
or other applicable provision of law, that is intended, in whole or in part, to provide compensation
to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
(3) TRUST CLAIM MATERIALS. A final executed proof of...
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6-5-693
Section 6-5-693 Bankruptcy trust information. (a) A plaintiff in an asbestos action need not
comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action,
the plaintiff files all available asbestos trust claims and provides the parties with all
trust claim materials available to the plaintiff or plaintiff's counsel in relation to the
plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with
Section 6-5-692. (b) A plaintiff has a continuing duty to supplement the information and materials
provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust
claim, receives additional information or materials related to an asbestos trust claim, or
files an additional trust claim. (c) Not less than 60 days before trial, if a defendant presents
evidence that the plaintiff has not filed all available asbestos trust claims, as required
under subsection (a), the defendant may move the court for an order...
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27-29A-8
Section 27-29A-8 Confidentiality. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the Department of Insurance that
are obtained by, created by, or disclosed to the commissioner or any other person under this
chapter, are recognized by this state as being proprietary and to contain trade secrets. All
such documents, materials, or other information shall be confidential by law and privileged,
shall not be subject to any open records, freedom of information, sunshine, or other public
record disclosure laws, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's official duties. The commissioner
shall not otherwise make the documents, materials, or other information...
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27-29B-6
Section 27-29B-6 Confidentiality. (a) Documents, materials, or other information, including
the CGAD, in the possession or control of the department that are obtained by, created by,
or disclosed to the commissioner or any other person under this chapter, are recognized by
this state as being proprietary and to contain trade secrets. All of the documents, materials,
or other information shall be confidential by law and privileged, shall not be subject to
any open records, freedom of information, sunshine, or other public record disclosure laws,
shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence
in any private civil action. However, the commissioner may use the documents, materials, or
other information in the furtherance of any regulatory or legal action brought as a part of
the official duties of the commissioner. The commissioner shall not otherwise make the documents,
materials, or other information public without the prior written...
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27-62-8
Section 27-62-8 Confidentiality. (a)(1) Any documents, materials, or other information in the
control or possession of the department that are furnished by a licensee or an employee or
agent acting on behalf of a licensee pursuant to subsection (i) of Section 27-62-4; subdivisions
(2), (3), (4), (5), (8), (10), and (11) of subsection (b) of Section 27-62-6; or that are
obtained by the commissioner in an investigation or examination pursuant to Section 27-62-7
shall be confidential by law and privileged, shall not be subject to any open records, freedom
of information, sunshine, or other public record disclosure laws, shall not be subject to
subpoena, and shall not be subject to discovery or admissible in evidence in any private civil
action. The commissioner shall not otherwise make the documents, materials, or other information
public without the prior written consent of the licensee. (2) Notwithstanding subdivision
(1), the commissioner may use the documents, materials, or other...
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27-7-30.3
Section 27-7-30.3 Confidentiality and disclosure of information. (a) Any documents, materials,
or other information in the control or possession of the department that is furnished by an
insurer, producer, or an employee or agent thereof acting on behalf of the insurer or producer,
or obtained by the commissioner in an investigation pursuant to Section 27-7-30, shall be
confidential by law and privileged, shall not be subject to any open records or freedom of
information laws, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's duties. (b) Neither the commissioner
nor any person who received documents, materials, or other information while acting under
the authority of the commissioner shall be permitted or required to testify...
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27-29-7
Section 27-29-7 Confidentiality of documents, materials, or other information; powers of commissioner;
disclosure and sharing of documents, etc. (a) All documents, materials, or other information,
and copies thereof, in the possession or control of the department that are obtained by or
disclosed to the commissioner or any other person in the course of an examination or investigation
made pursuant to Section 27-29-6 and all information reported pursuant to paragraphs l. and
m. of subdivision (l) of subsection (b) of Section 27-29-3, Section 27-29-4, Section 27-29-5,
and Section 27-29-6.2 shall be confidential by law and privileged, shall not be subject to
any open records, freedom of information, sunshine or other public record disclosure laws,
and shall not be subject to subpoena. The commissioner may use the documents, materials, and
other information in the furtherance of any regulatory or legal action in the course of the
commissioner's official duties. The documents, materials,...
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27-36A-4
Section 27-36A-4 Actuarial opinion of reserves. (a) Actuarial opinion prior to the operative
date of the valuation manual as defined by Section 27-36A-15. (1) GENERAL. Every life insurance
company doing business in this state shall annually submit the opinion of a qualified actuary
as to whether the reserves and related actuarial items held in support of the policies and
contracts specified by the commissioner by regulation are computed appropriately, are based
on assumptions which satisfy contractual provisions, are consistent with prior reported amounts,
and comply with applicable laws of this state. The commissioner, by regulation, shall define
the specifics of this opinion and add any other items deemed to be necessary to its scope.
(2) ACTUARIAL ANALYSIS OF RESERVES AND ASSETS SUPPORTING RESERVES. a. Every life insurance
company, except as exempted pursuant to regulation, shall also annually include in the opinion
required by subdivision (1) an opinion of the same qualified...
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27-36A-18
Section 27-36A-18 Confidentiality. (a) For purposes of this section, "confidential information"
shall mean all of the following: (1) A memorandum in support of an opinion submitted under
Section 27-36A-4 and any other documents, materials, and other information, including, but
not limited to, all working papers, and copies thereof, created, produced, or obtained by
or disclosed to the commissioner or any other person in connection with such memorandum. (2)
All documents, materials, and other information, including, but not limited to, all working
papers, and copies thereof, created, produced, or obtained by or disclosed to the commissioner
or any other person in the course of an examination made under subsection (f) of Section 27-36A-15;
provided, however, that if an examination report or other material prepared in connection
with an examination made under Chapter 2 is not held as private and confidential information
under Section 27-2-24, an examination report or other material...
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