A preliminary report of an examination of a domestic or foreign insurer, and all notes, work papers, or other documents related to an examination of an insurer are not public records under chapter 22 except when sought by the insurer to whom they relate, an insurance regulator of another state, or the national association of insurance commissioners, and shall be privileged and confidential in any judicial or administrative proceeding except any of the following:
1. An action commenced by the commissioner under chapter 507C.
2. An administrative proceeding brought by the insurance division under chapter 17A.
3. A judicial review proceeding under chapter 17A brought by an insurer to whom the records relate.
4. An action or proceeding which arises out of the criminal provisions of the laws of this state or the United States.
5. An action brought in a shareholders' derivative suit against an insurer.
6. An action brought to recover moneys or to recover upon an indemnity bond for embezzlement, misappropriation, or misuse of insurer funds.
A report of an examination of a domestic or foreign insurer which is preliminary under the rules of the division is not a public record under chapter 22 except when sought by the insurer to which the report relates or an insurance regulator of another state, and is privileged and confidential in any judicial or administrative proceeding.
A financial statement filed by an employer self-insuring workers' compensation liability pursuant to section 87.11, or the working papers of an examiner or the division in connection with calculating appropriate security and reserves for the self-insured employer are not public records under chapter 22 except when sought by the employer to which the financial statement or working papers relate or an insurance or workers' compensation self-insurance regulator of another state, and are privileged and confidential in any judicial or administrative proceeding. The financial information of a nonpublicly traded employer which self-insures for workers' compensation liability pursuant to section 87.11 is protected as proprietary trade secrets to the extent consistent with the commissioner's duties to oversee the security of self-insured workers' compensation liability.
[S13, § 1821-d; C24, 27, 31, 35, 39, § 8638; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 507.14]
90 Acts, ch 1234, § 3; 91 Acts, ch 26, § 34; 92 Acts, ch 1117, § 6
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