§431E-46 - Confidentiality. - Hawaii Statutes

     [§431E-46]  Confidentiality.  (a)  The documents and evidence provided pursuant to section 431E-45 or obtained by the commissioner in an investigation of suspected or actual fraudulent life settlement acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.

     (b)  Subsection (a) does not prohibit release by the commissioner of documents and evidence obtained in an investigation of suspected or actual fraudulent life settlement acts:

     (1)  In administrative or judicial proceedings to enforce laws administered by the commissioner;

     (2)  To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent life settlement acts or to the National Association of Insurance Commissioners; or

     (3)  At the discretion of the commissioner, to a person in the business of life settlements that is aggrieved by a fraudulent life settlement act.

     (c)  Release of documents and evidence under subsection (b) does not abrogate or modify the privilege granted in subsection (a). [L 2008, c 177, pt of §1]