1. 1. Except as otherwise provided in this section and NRS 239.0115 and 692C.3516, any documents, materials and other information, including an ORSA Summary Report, in the possession of or control of the Division that are obtained by, created by or disclosed to the Commissioner or any other person in accordance with the provisions of NRS 692C.351 to 692C.3548, inclusive, are proprietary and constitute trade secrets. All such documents, materials or other information are:

   1. (a) Confidential by law and privileged;
   2. (b) Not subject to subpoena; and
   3. (c) Not subject to discovery or admissible in evidence in any private civil action.
2. 2. Notwithstanding any provision of subsection 1 to the contrary, the Commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties. The Commissioner shall not otherwise make the documents, materials or other information public without the prior written consent of the insurer.

(Added to NRS by 2015, 3488)