June 20, 2006, Introduced by Rep. Mortimer and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
by amending section 8111 (MCL 500.8111), as amended by 1992 PA 182.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8111. (1) Except as provided in subsection (2), in all
proceedings and judicial review of these proceedings under sections
8109 and 8110, all records of the insurer, other documents,
insurance
bureau office of financial
and insurance services files,
and court records and papers, so far as they pertain to or are a
part of the record of the proceedings, are confidential and shall
be held by the clerk of the court in a confidential file except as
is necessary to obtain compliance therewith, unless the court,
after hearing arguments from the parties in chambers, orders
otherwise or the insurer requests that the matter be made public.
(2) Without compromising the confidentiality of the records of
the
commissioner, insurance bureau office of financial and
insurance services, or supervisor, the commissioner or his or her
supervisor may advise third parties of the existence of a
supervision order and of the supervisor's authority if considered
by either of them necessary to further the insurer's compliance
with the supervision order. The commissioner may advise third
parties of the existence of a supervision order and of facts
pertaining to the supervision order if considered necessary by the
commissioner with regard to other regulatory matters affecting the
insurer or a person or entity related to the insurer. Third parties
advised under this subsection are required to keep the existence of
a supervision confidential. As used in this subsection, "third
parties" means the following persons:
(a) Debtors and creditors of the insurer and its affiliates.
(b) Persons who hold or control assets of the insurer and its
affiliates.
(c) Reinsurers of the insurer and its affiliates.
(d) Insurance regulatory officials.
(e) Law enforcement agencies.
(f) The workers' compensation agency.
(g) Representatives of a guaranty association or foreign
guaranty association that may become obligated as a result of the
insolvency of the insurer. Confidentiality obligations of a
guaranty association or foreign guaranty association to the
receiver end upon the entry of an order of liquidation with a
finding of insolvency against the insurer.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6235(request no.
07127'06).
(b) Senate Bill No.____ or House Bill No. 6234(request no.
07128'06).
(c) Senate Bill No.____ or House Bill No. 6233(request no.
07129'06).
(d) Senate Bill No.____ or House Bill No. 6232(request no.
07130'06).
(e) Senate Bill No.____ or House Bill No. 6231(request no.
07131'06).
(f) Senate Bill No.____ or House Bill No. 6230(request no.
07132'06).
(g) Senate Bill No.____ or House Bill No. 6229(request no.
07133'06).
(h) Senate Bill No.____ or House Bill No. 6228(request no.
07134'06).
(i) Senate Bill No.____ or House Bill No. 6226(request no.
07136'06).
(j) Senate Bill No.____ or House Bill No. 6225(request no.
07137'06).
(k) Senate Bill No.____ or House Bill No. 6224(request no.
07138'06).
(l) Senate Bill No.____ or House Bill No. 6223(request no.
07139'06).