Oklahoma § 36-6835 - Definitions

§ 36-6835. Definitions

As used in this act:

1. "Insurance compliance audit" means a voluntary internal

evaluation, review, assessment, audit, or investigation for the

purpose of identifying or preventing noncompliance with, or

promoting compliance with, laws, regulations, orders, or industry or

professional standards, which is conducted by or on behalf of a

company licensed or regulated under the Oklahoma Insurance Code, or

which involves an activity regulated under this Code. Once

initiated, an audit shall be completed within a reasonable period of

time. Nothing in this section shall be construed to authorize

uninterrupted or continuous auditing; and

2. "Insurance compliance self-evaluative audit document" means

documents prepared as a result of or in connection with an insurance

compliance audit. An insurance compliance self-evaluative audit

document may include, but is not limited to, as applicable, field

notes and records of observations, findings, opinions, suggestions,

conclusions, drafts, memoranda, drawings, photographs, exhibits,

computer-generated or electronically recorded information, phone

records, maps, charts, graphs, and surveys; provided, this

supporting information is collected or developed for the primary

purpose and in the course of an insurance compliance audit. An

insurance compliance self-evaluative audit document also includes,

but is not limited to, any of the following:

Oklahoma Statutes - Title 36. Insurance

a.

an insurance compliance audit report prepared by an

auditor, who may be an employee of the company or an

independent contractor, which may include the scope of

the audit, the information gained in the audit, and

conclusions and recommendations, with exhibits and

appendices,

b.

memoranda and documents analyzing portions or all of

the insurance compliance audit report and discussing

potential implementation issues,

c.

an implementation plan that addresses correcting past

noncompliance, improving current compliance, and

preventing future noncompliance, or

d.

analytic data generated in the course of conducting

the insurance compliance audit.

Documents, communications, data, reports or other information

which are created as a result of a claim involving personal injury,

property damage or workers’ compensation made against an insurance

policy are not insurance compliance self-evaluative audit documents

and are admissible as evidence in civil, criminal or administrative

proceedings as otherwise provided by applicable rules of evidence or

civil procedure, subject to any applicable statutory or common-law

privilege.

Added by Laws 2012, c. 257, § 6, eff. Nov. 1, 2012.