Senate Bill No. 410
Senate Bill No. 410
PUBLIC ACT NO. 98-57
AN ACT CONCERNING THE SHARING OF INFORMATION AMONG
INSURANCE REGULATORY OFFICIALS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 38a-8 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner shall see that all laws
respecting insurance companies are faithfully
executed and shall administer and enforce the
provisions of this title. The commissioner has all
powers specifically granted, and all further
powers that are reasonable and necessary to enable
the commissioner to protect the public interest in
accordance with the duties imposed by this title.
The commissioner shall pay to the Treasurer all
the fees which he receives. The commissioner may
administer oaths in the discharge of his duties.
(b) The commissioner shall recommend to the
General Assembly changes which, in his opinion,
should be made in the laws relating to insurance.
(c) In addition to the specific regulations
which the commissioner is required to adopt, the
commissioner may adopt such further regulations as
are reasonable and necessary to implement the
provisions of this title. Regulations shall be
adopted in accordance with the provisions of
chapter 54.
(d) The commissioner shall develop a program
of periodic review to ensure compliance by the
Insurance Department with the minimum standards
established by the National Association of
Insurance Commissioners for effective financial
surveillance and regulation of insurance companies
operating in this state. The commissioner shall
adopt regulations, in accordance with the
provisions of chapter 54, pertaining to the
financial surveillance and solvency regulation of
insurance companies as are reasonable and
necessary to obtain or maintain the accreditation
of the Insurance Department by the National
Association of Insurance Commissioners. The
commissioner shall maintain, as confidential, any
confidential documents or information received
from the National Association of Insurance
Commissioners, OR THE INTERNATIONAL ASSOCIATION OF
INSURANCE SUPERVISORS, or any documents or
information RECEIVED from STATE OR FEDERAL
insurance, [departments in other states] BANKING
OR SECURITIES REGULATORS OR SIMILAR REGULATORS IN
A FOREIGN COUNTRY which are confidential in such
jurisdictions. The commissioner may share any
information, including confidential information,
with the National Association of Insurance
Commissioners, THE INTERNATIONAL ASSOCIATION OF
INSURANCE SUPERVISORS, or STATE OR FEDERAL
insurance, [departments of other states] BANKING
OR SECURITIES REGULATORS OR SIMILAR REGULATORS IN
A FOREIGN COUNTRY so long as the commissioner
determines that such entities agree to maintain
the same level of confidentiality in their
jurisdiction as is available in this state.
Sec. 2. Section 38a-67 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Every insurer domiciled in this state
shall file a report with the commissioner
disclosing material acquisitions and dispositions
of assets or material nonrenewals, cancellations
or revisions of ceded reinsurance agreements
unless such material acquisitions and dispositions
of assets or material nonrenewals, cancellations
or revisions of ceded reinsurance agreements have
been submitted to the commissioner for review,
approval or information purposes pursuant to other
provisions of the insurance code, laws,
regulations or other requirements.
(b) The report required in subsection (a) of
this section is due within fifteen days after the
end of the calendar month in which any of the
foregoing transactions occur.
(c) One complete copy of the report, including
any exhibits or other attachments filed as part
thereof, shall be filed with:
(1) The insurance department of the insurer's
state of domicile; and
(2) The National Association of Insurance
Commissioners.
(d) All reports obtained by or disclosed to
the commissioner pursuant to the provisions of
this section and sections 38a-67a and 38a-67b
shall be given confidential treatment, shall not
be subject to subpoena and shall not be made
public by the commissioner, the National
Association of Insurance Commissioners or any
other person, except to insurance [departments]
REGULATORY OFFICIALS of other states OR COUNTRIES
SO LONG AS THE COMMISSIONER DETERMINES THAT SUCH
OFFICIALS AGREE TO MAINTAIN THE SAME LEVEL OF
CONFIDENTIALITY IN THEIR JURISDICTION AS IS
AVAILABLE IN THIS STATE, without the prior written
consent of the insurer to which it pertains unless
the commissioner, after giving the insurer who
would be affected thereby, notice and an
opportunity to be heard, determines that the
interest of policyholders, shareholders or the
public will be served by the publication thereof,
in which event the commissioner may publish all or
any part thereof in such manner as he may deem
appropriate.
Approved May 19, 1998