Oklahoma § 36-6830 - Insurance compliance audits - Confidentiality

§ 36-6830. Insurance compliance audits - Confidentiality

A. Except as provided in Sections 2 and 3 of this act, an

insurance compliance self-evaluative audit is privileged information

and is not discoverable, or admissible as evidence in any legal

action in any civil, criminal, or administrative proceeding. The

privilege created herein is a matter of substantive law of this

state and is not merely a procedural matter governing civil or

criminal procedures in the courts of this state.

B. If any company, person, or entity performs or directs the

performance of an insurance compliance audit, an officer, employee

or agent involved with the insurance audit, or any consultant who is

hired for the purpose of performing the insurance compliance audit,

may not be examined in any civil, criminal, or administrative

proceeding as to the insurance compliance audit or any insurance

compliance self-evaluative audit document, as defined in this

section. This section does not apply if the privilege set forth in

subsection A of this section is determined under Section 2 or 3 of

this act not to apply.

C. A company may voluntarily submit, in connection with

examinations conducted under this act, an insurance compliance selfevaluative audit document to the Insurance Commissioner, or

designee, as a confidential document without waiving the privilege

set forth in this section to which the company would otherwise be

entitled; provided, however, that the provisions of the Oklahoma

Insurance Code permitting the Commissioner to make confidential

documents public and grant access to documents to the National

Association of Insurance Commissioners shall not apply to the

Oklahoma Statutes - Title 36. Insurance

insurance compliance self-evaluative audit document. Any such

report furnished to the Insurance Commissioner shall not be provided

to any other persons or entities and shall be accorded the same

confidentiality and other protections as provided above for

voluntarily submitted documents.

D. A company's insurance compliance self-evaluative audit

document submitted to the Commissioner shall remain subject to all

applicable statutory or common law privileges including, but not

limited to, the work product doctrine, attorney-client privilege, or

the subsequent remedial measures exclusion.

E. Any compliance self-evaluative audit document so submitted

and in the possession of the Commissioner shall remain the property

of the company and shall not be subject to any disclosure or

production under the Oklahoma Open Records Act.

F. Disclosure of an insurance compliance self-evaluative audit

document to a governmental agency, whether voluntary or pursuant to

compulsion of law, shall not constitute a waiver of the privilege

set forth in subsection A of this section with respect to any other

persons or any other governmental agencies.

Added by Laws 2012, c. 257, § 1, eff. Nov. 1, 2012.