31.15.15.06

.06 Administrationís Review.

A. The Administration shall review each document or other evidence that the defendant insurer has submitted to the Administration for in-camera inspection under Regulation .05D of this chapter.

B. If the Administration determines that any document or other evidence that the defendant insurer has withheld for good cause is not subject to a privilege or doctrine recognized by statute or other State law and the reason asserted for its withholding is not consistent with Insurance Article, §27-1001, Annotated Code of Maryland, or this regulation, the Administration shall:

(1) Find that good cause has not been shown as to that document or evidence; and

(2) Require the defendant insurer to:

(a) Provide copies of the document or evidence; or

(b) Give written notice to the plaintiff of its intent to continue to withhold the documents or evidence.

C. The defendant insurer shall reply under §B(2)(a) or (b) of this regulation within 5 business days after the Administrationís determination that the document or evidence is not subject to withholding.

D. After the Administration makes a determination with regard to any document or other evidence the defendant insurer seeks to withhold for good cause, it shall promptly return the documents or other evidence to the defendant insurer at the address of record.

E. The defendant insurer shall advise the Administration in writing within 5 business days after the Administrationís determination that the document or evidence is not subject to withholding if it has elected to:

(1) Produce the document or evidence to the plaintiff as required; or

(2) Maintain its position that the document or evidence is being withheld for good cause.

F. If the defendant insurer elects to produce some, but not all, of the documents or evidence which the Administration has determined are not subject to withholding, it shall advise the Administration, in writing, as to which documents or evidence it has produced to the plaintiff and which it has not, and its reasons.

G. The Administrationís final determination will take into consideration a defendant insurerís failure to disclose documents or evidence which the Administration determined were not being withheld for good cause, and shall consider the defendant insurerís refusal to produce the documents or evidence to the plaintiff following the in-camera inspection as evidence of the defendant insurerís failure to act in good faith as required by Insurance Article, §27-1001(e)(4), Annotated Code of Maryland.