Sec. 38. The following apply to confidential information specified in section 5(1) and 5(4) of this chapter: (1) The confidential information may be subject to subpoena to defend an action seeking damages from the appointed actuary submitting the supporting memorandum submitted under sections 21 through 23 of this chapter or principle based valuation report developed under section 35(c)(3) of this chapter due to a requirement of this chapter. (2) The confidential information may be released by the commissioner with the written consent of the company. (3) If a part of a supporting memorandum submitted under sections 21 through 23 of this chapter or a principle based valuation report developed under section 35(c)(3) of this chapter is: (A) cited by a company in the company's marketing; (B) publicly volunteered to or before a governmental agency other than a state insurance department; or (C) released by the company to the news media; all parts of the supporting memorandum or report are not confidential.
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