(a) All RBC reports and RBC plans related to any domestic insurer or foreign insurer that are filed with the Commissioner: (1) constitute confidential commercial information that might be damaging to the insurer if made available to the insurer's competitors; (2) shall be kept confidential by the Commissioner; and (3) may not be made public or be subject to subpoena, other than by the Commissioner and then only for the purpose of enforcement actions taken by the Commissioner under this subtitle or any other provision of this article. (b) The provisions of this section apply to: (1) RBC reports, to the extent the information in the RBC report is not required to be set forth in a publicly available annual statement schedule; and (2) RBC plans, including the results or report of any examination or analysis of an insurer performed in connection with any RBC plan and any corrective order issued by the Commissioner pursuant to the examination or analysis. (c) It is the public policy of the State that the comparison of an insurer's total adjusted capital to any of its RBC levels: (1) is a regulatory tool that may indicate the need for possible corrective action with respect to the insurer; and (2) is not intended as a means to rank insurers generally. (d) It is the public policy of the State that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans: (1) are intended solely for use by the Commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and (2) may not be used by the Commissioner for rate making or considered or introduced as evidence in any rate proceeding or used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer or any affiliate is authorized to write.
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