40-2c20. RBC reports, plans and corrective orders are confidential; not to be used by commissioner for rate making.
40-2c20
40-2c20. RBC reports, plans and corrective orders are confidential; not tobe used by commissioner for rate making.(a) All RBC reports, RBC plans and any corrective orders,including the working papers and the results of any analysis of an insurerperformed under this act shall be kept confidential by the commissioner. Thisinformation shall not be made public or subject to subpoena, other than by thecommissioner and then only for the purpose of enforcement actions taken by thecommissioner pursuant to this act or any other provision of the insurance lawsof this state.
(b) RBC instructions, RBC reports, adjusted RBC reports, RBC plans andrevised RBC plans are intended solely for use by the commissioner in monitoringthe solvency of insurers and the need for possible corrective action withrespect to insurers and shall not be used by the commissionerfor ratemaking nor considered or introduced as evidence in any rate proceedingnor used by the commissioner to calculate orderive any elements of an appropriate premium level or rate of return for anyline of insurance which an insurer or any affiliate is authorized to write.
History: L. 1994, ch. 138, § 20;L. 1996, ch. 134, § 8; July 1.