{"data":{"id":"us-nd/n.d.-cent.-code-26.1-51-06","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 26.1-51-06","heading":"Waiver of privilege by insurer - Grounds for determination of privilege - Civil, administrative, or criminal proceedings","body":"1.The self-critical analysis privilege does not apply to the extent that it is expressly waived by the insurer that prepared or caused to be prepared the insurance compliance self-critical analysis audit document.\n2.In a civil or administrative proceeding, a court of record, after an in-camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:\na.The privilege is asserted for a fraudulent purpose; or\nb.The material is not subject to the privilege.\n3.In a criminal proceeding, a court of record, after an in-camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following:\na.The privilege is asserted for a fraudulent purpose;\nb.The material is not subject to the privilege; or\nc.The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present:\n(1)The commissioner, state's attorney, or attorney general has a compelling need for the information;\n(2)The information is not otherwise available; and\n(3)The commissioner, state's attorney, or attorney general is unable to obtain the substantial equivalent of the information by any other means without incurring unreasonable cost and delay.","path":["Title 26.1 Insurance","Chapter 26.1-51 Self-Critical Insurance Analysis Privilege"],"source_url":"https://ndlegis.gov/cencode/t26-1c51.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"fb9d3fcd1b8f9ca7daa5a778f3ca86f0ef5e3d1aedfbff8e627b1bc5d5357a29","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-26.1-51-05","next":"us-nd/n.d.-cent.-code-26.1-51-07"},"notice":"GroundRules: Original legal text. Not legal advice."}