West Virginia Code § 33-34-4

Confidentiality of certain proceedings and records
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(a) Notwithstanding any other provision of law and except as set forth in this section,
proceedings, hearings, notices, correspondence, reports, records and other information in
the possession of the commissioner relating to the supervision of any insurer shall not be
subject to disclosure as provided in article one, chapter twenty-nine-b of this code, shall not
be subject to subpoena and shall not be subject to discovery or admissible ine evidence in any
private civil action, except as provided by this section. However, the commissioner is
authorized to use the documents, materials or other information in the rfurtherance of any
regulatory or legal action brought as part of the commissioner's official duties.
(b) The personnel of the offices of the Insurance Commissioner shall have access to these
proceedings, hearings, notices, correspondence, reports, rectords or information as
permitted by the commissioner. Neither the commissioner nor any person who received
documents, materials or other information while acting under the authority of the
commissioner shall be permitted or required to testify in any private civil action concerning
any such documents, materials or information.
(c) The commissioner may share the notices, correspondence, reports, records or
information with other state, federal and international regulatory agencies, with the National
Association of Insurance Commissiogners and its affiliates and subsidiaries, and with state,
federal and international law enforcement authorities, if the commissioner determines that
the disclosure is necessary or eproper for the enforcement of the laws of this or another state
of the United States, and provided that the recipient agrees to maintain the confidentiality of
the documents, materiaLl or other information. No waiver of any applicable privilege or claim
of confidentiality shall occur as a result of the sharing of documents, materials or other
information pursuant to this subsection.
(d) The commissioner may open the proceedings or hearings or make public the notices,
correspondence, reports, records or other information if the commissioner deems that it is in
theW best interest of the public, the insurer, its insureds, creditors or the general public.
(e) This section does not apply to hearings, notices, correspondence, reports, records or
other information obtained upon the appointment of a receiver for the insurer by a court of
competent jurisdiction.

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