Oklahoma § 36-6832 - Petition for in camera hearing - Contents

§ 36-6832. Petition for in camera hearing - Contents

A. Within thirty (30) days after the Insurance Commissioner,

district attorney, Attorney General, or opposing party in a civil,

criminal or administrative proceeding, serves on an insurer a

written request by certified mail for disclosure of an insurance

compliance self-evaluative audit document under this act, the

company that prepared or caused the document to be prepared may file

with the appropriate court a petition requesting an in camera

hearing on whether the insurance compliance self-evaluative audit

document or portions of the document are privileged or subject to

disclosure. Failure by the company to file a petition waives the

privilege for this request only.

B. A company asserting the insurance compliance self-evaluative

privilege in response to a request for disclosure under this act

shall include in its request for an in camera hearing all of the

information set forth in subsection E of this section.

C. Upon the filing of a petition under this section, the court

shall issue an order scheduling, within forty-five (45) days after

the filing of the petition, an in camera hearing to determine

whether the insurance compliance self-evaluative audit document or

portions of the document are privileged under this section or

subject to disclosure.

D. The court, after an in camera review, may require disclosure

of material for which the privilege in Section 1 of this act is

Oklahoma Statutes - Title 36. Insurance

asserted if the court determines, based upon its in camera review,

that any one of the conditions set forth in subsection B of Section

2 of this act is applicable as to a civil or administrative

proceeding or that any one of the conditions set forth in subsection

C of Section 2 of this act is applicable as to a criminal

proceeding. Upon making such a determination, the court may only

compel the disclosure of those portions of an insurance compliance

self-evaluative audit document relevant to issues in dispute in the

underlying proceeding. Any compelled disclosure will not be

considered to be a public document or be deemed to be a waiver of

the privilege for any other civil, criminal, or administrative

proceeding. A party unsuccessfully opposing disclosure may apply to

the court for an appropriate order protecting the document from

further disclosure.

E. A company asserting the insurance compliance self-evaluative

privilege in response to a request for disclosure under this act

shall provide to the Insurance Commissioner, district attorney,

Attorney General, or opposing party in a civil, criminal or

administrative proceeding, as the case may be, at the time of filing

any objection to the disclosure, all of the following information:

1. The date of the insurance compliance self-evaluative audit

document;

2. The identity of the entity conducting the audit;

3. The general nature of the activities covered by the

insurance compliance self-evaluative audit; and

4. An identification of the portions of the insurance

compliance self-evaluative audit document for which the privilege is

being asserted.

Added by Laws 2012, c. 257, § 3, eff. Nov. 1, 2012.