Section 443 - Annual and other reports; penalties(a)(1) Every stock and mutual insurance company, association, and exchange, doing business in this Commonwealth, shall annually, on or before the first day of March, file in the office of the Insurance Commissioner and with the National Association of Insurance Commissioners a statement which shall exhibit its financial condition on the thirty-first day of December of the previous year, and its business of that year and shall, within thirty days after requested by the Insurance Commissioner, file with the Insurance Commissioner and with the National Association of Insurance Commissioners such additional statement or statements concerning its affairs and financial condition as the Insurance Commissioner may, in his discretion, require. The Insurance Commissioner shall require each insurance company association and exchange to report its financial condition on the statement convention blanks, in such form as adopted by the National Association of Insurance Commissioners and shall, upon written request, furnish such blanks for their convenience; and may make such changes, from time to time, in the form of the same as shall seem best adapted to elicit from them a true exhibit of their financial condition.(2) Unless otherwise provided by law, regulation or order of the Insurance Commissioner, each insurance company, association and exchange shall adhere to the annual or quarterly statement instructions and the accounting practices and procedures manuals prescribed by the National Association of Insurance Commissioners. The Insurance Commissioner may require each insurance company, association and exchange to file in the office of the Insurance Commissioner and with the National Association of Insurance Commissioners financial statements on diskettes or other electronic information storage devices acceptable to the Insurance Commissioner.(b) Insurance companies of foreign governments, doing business in this Commonwealth, shall be required to return only the business done in the United States, and the assets held by and for them within the United States for the protection of policyholders therein.(c) In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees and task forces, their delegates and employes and all others charged with the responsibility of collecting, reviewing, analyzing and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Insurance Commissioner under the authority of this act and shall not be subject to civil liability for libel, slander or any other cause of action by virtue of their collection, review and analysis or dissemination of the data and information collected from the filings required hereunder.(d)(1) The following documents, materials or information shall be confidential by law and privileged and shall not be subject to subpoena, discovery, the act of February 14, 2008 (P.L. 6, No. 3) , known as the "Right-to-Know Law," or admissible in evidence in any private civil action: (i) All documents, materials or other information prepared or provided by an insurance company, association or exchange solely in support of the statement of actuarial opinion filed under this section, including actuarial reports, work papers or actuarial opinion summaries and any other material solely prepared by the insurance company, association or exchange for the purpose of providing it to the Insurance Department in connection with actuarial reports, work papers or actuarial opinion summaries.(ii) All financial analysis ratios, analyst team reports and other financial analytical results concerning insurance companies, associations and exchanges that are provided to the Insurance Department by the National Association of Insurance Commissioners.(iii) All additional work products, documents, materials or information produced by, obtained by or provided to the Insurance Department in the course of conducting financial analyses of financial statements filed under this section.(2) The protections established under paragraph (1)(i) and (iii) shall also apply to the materials, drafts or copies thereof when in possession of the insurance company, association or exchange if the materials or drafts were prepared solely for the purpose of submitting the materials to the Insurance Department. Any documents, materials or information that are provided to the Insurance Department under paragraph (1)(i) or (iii) and that would otherwise be available from original sources shall not be construed as immune from discovery from the original source and use in any private civil action merely because they were provided to the Insurance Department.(3) Neither the Insurance Commissioner nor any individual or person who receives documents, materials or information while acting under the authority of the Insurance Commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information covered under this section.(4) No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the Insurance Commissioner or as a result of the Insurance Commissioner sharing information in conformance with sections 201-A and 202-A of the act of May 17, 1921 (P.L. 789, No. 285), known as "The Insurance Department Act of 1921."(5) The Insurance Commissioner may use the documents, materials or other information obtained or created under this section in furtherance of any regulatory or legal action brought as part of the Insurance Commissioner' s official duties.(e)(1) Any company, association, or exchange, which neglects to make and file its annual statement, or other statements that may be required, in the form or within the time herein provided shall forfeit a sum not to exceed two hundred dollars ($200) for each day during which such neglect continues, and, upon notice by the commissioner, its authority to do new business shall cease while such default continues.(2) For wilfully making a false annual or other statement required by law, an insurance company, association or exchange, and the persons making oath to or subscribing the same, shall severally be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). A person who wilfully makes oath to such false statement shall be guilty of perjury.(3) The Insurance Commissioner may suspend, revoke or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due.1921, May 17, P.L. 682, art. III, § 320. Amended 1935, July 12, P.L. 967, § 1; 1947, June 20, P.L. 683, No. 295, § 1; 1992, Dec. 18, P.L. 1519, No. 178, § 5, effective in 120 days; 1994, Feb. 17, P.L. 92, No. 9, § 3, imd. effective; 2010, March 22, P.L. 147, No. 14, § 1, imd. effective.