1. 1. Notwithstanding any provisions of NRS 681B.410 to the contrary, any confidential information specified in subsections 1 and 5 of NRS 681B.410:

   1. (a) May be subject to subpoena for the purpose of defending an action seeking damages from the appointed actuary submitting the related memorandum in support of an opinion submitted in accordance with the provisions of NRS 681B.200 to 681B.260, inclusive, or a principle-based valuation report developed in accordance with paragraph (c) of subsection 1 of NRS 681B.360 by reason of an action required by NRS 681B.300 to 681B.510, inclusive, or any regulations adopted pursuant thereto;
   2. (b) May otherwise be released by the Commissioner with the written consent of the applicable company; and

   3. (c) Is no longer confidential if any portion of a memorandum in support of an opinion submitted in accordance with the provisions of NRS 681B.200 to 681B.260, inclusive, or a principle-based valuation report developed in accordance with paragraph (c) of subsection 1 of NRS 681B.360, is:

      1. (1) Cited by the applicable company in its marketing;
      2. (2) Publicly volunteered to or before a government agency other than the Division or an insurance department of another state; or
      3. (3) Released by the applicable company to the news media.
2. 2. Except as otherwise provided in NRS 681B.310, the provisions of this section apply only on or after the operative date of the Valuation Manual.

(Added to NRS by 2015, 3398)