(1) Documents or materials contained in any consumer complaint file maintained by the Department of Insurance; and

(2) Documents and other materials submitted by insurance companies and producers relating to a department investigation.

These nonpublic records are not confidential and not subject to disclosure unless sought by subpoena by the appropriate body. The director may only produce the documents to another state or federal agency pursuant to a subpoena, lawful request or formal discovery material. The documents may become public once they are admitted into evidence in any administrative, civil or criminal proceeding. The director may release records related to a insurance company examination if the director finds the release to be in the public interest. No waiver of applicable privileges or claims of confidentiality shall result from the director's disclosure to governmental agencies, the National Association of Insurance Commissioners, or law enforcement authorities (Section 374.071).

STEPHEN WITTE