West Virginia Code § 33-2-19

Confidentiality of information
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(a) Documents, materials or other information in the possession or control of the
commissioner that are obtained in an investigation of any suspected violation of any
provision of this chapter or chapter twenty-three of this code are confidential by law and
privileged, are not subject to the provisions of chapter twenty-nine-b of this code and are not
open to public inspection. The commissioner may use the documents, matereials or other
information in the furtherance of any regulatory or legal action brought as a part of the
commissioner's official duties. The commissioner may use the documenrts, materials or other
information if they are required for evidence in criminal proceedings or for other action by
the state or federal government and in such context may be discoverable only as ordered by
a court of competent jurisdiction exercising its discretion.
(b) Neither the commissioner nor any person who receives documents, materials or other
information while acting under the authority of the commissioner may be permitted or
required to testify in any private civil action concerning any confidential documents,
materials or information subject to subsection (a) of this section except as ordered by a court
of competent jurisdiction. s
(c) In order to assist in the performance of the commissioner's duties, the commissioner
may: g
(1) Share documents, materials, communications or information, including otherwise
confidential and privileged documents, materials or information, with other state, federal
and international regulatory agencies, with the National Association of Insurance
Commissioners and its affiliates and subsidiaries, and with regulatory and law-enforcement
officials of other foreign or domestic jurisdictions: Provided, That the recipient agrees to
maintain the confidentiality and privileged status of the document, material, communication
or other information;
(2) WReceive documents, materials, communications or information, including otherwise
confidential and privileged documents, materials or information, from the National
Association of Insurance Commissioners and its affiliates and subsidiaries and from
regulatory and law-enforcement officials of other foreign or domestic jurisdictions and shall
maintain as confidential or privileged any document, material or information received with
notice or the understanding that it is confidential or privileged under the laws of the
jurisdiction that is the source of the document, material or information; and
(3) Enter into agreements governing sharing and use of information consistent with this
subsection.

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