374.071. Insurance records exempt from public disclosure--release permitted, when.

MISSOURI STATUTES AND CODES

374.071. Insurance records exempt from public disclosure--release permitted, when.

Insurance records exempt from public disclosure--release permitted,when.

374.071. 1. The following records of the department are not publicrecords and are not available for public examination under section 374.070:

(1) Any document or other material in any consumer complaint filemaintained under section 374.085, including medical records, repairestimates, adjuster notes, insurance policy provisions, recordings ortranscripts of witness interviews, and any other records regardingcoverage, settlement, payment, or denial of claim asserted under aninsurance policy;

(2) Any document or other material submitted by an insurer orproducer under section 374.190, or any other inquiry, information request,or data call initiated by the department.

2. Any record that is not public under subsections 1 and 2 of thissection is confidential and is not subject to disclosure, includingdiscovery or subpoena, unless the subpoena is issued by the prosecutingattorney, attorney general, administrative hearing officer, or under theauthority of any court. The director may only produce the documents orother material to another state or federal governmental agency or officerunder a lawful request, subpoena, or formal discovery procedure. Thedocuments or material may, in the discretion of the director, be madepublic once admitted as evidence in any administrative, civil, or criminalenforcement proceeding.

3. The director may release contents of any record that is not publicunder this section as part of an examination report under section 374.205,if the release is in the public interest. Notwithstanding any provision ofsubsections 1 and 2 of this section to the contrary, in all cases, thedirector may release an incident report record consisting of the date andimmediate facts and circumstances surrounding the initial consumer reportor complaint.

4. No waiver of any applicable privilege or claim of confidentialityregarding any document shall occur as a result of disclosure to thedirector or by the director in sharing documents with other state andfederal regulatory agencies, the National Association of InsuranceCommissioners, and its affiliates and subsidiaries, or state or federal lawenforcement authorities, and the recipient of such document is bound by theprovisions of this section as to the confidentiality of such document.