{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6830","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6830","heading":"Insurance compliance audits - Confidentiality","body":"A. Except as provided in Sections 2 and 3 of this act, an\n\ninsurance compliance self-evaluative audit is privileged information\n\nand is not discoverable, or admissible as evidence in any legal\n\naction in any civil, criminal, or administrative proceeding. The\n\nprivilege created herein is a matter of substantive law of this\n\nstate and is not merely a procedural matter governing civil or\n\ncriminal procedures in the courts of this state.\n\nB. If any company, person, or entity performs or directs the\n\nperformance of an insurance compliance audit, an officer, employee\n\nor agent involved with the insurance audit, or any consultant who is\n\nhired for the purpose of performing the insurance compliance audit,\n\nmay not be examined in any civil, criminal, or administrative\n\nproceeding as to the insurance compliance audit or any insurance\n\ncompliance self-evaluative audit document, as defined in this\n\nsection. This section does not apply if the privilege set forth in\n\nsubsection A of this section is determined under Section 2 or 3 of\n\nthis act not to apply.\n\nC. A company may voluntarily submit, in connection with\n\nexaminations conducted under this act, an insurance compliance self-\n\nevaluative audit document to the Insurance Commissioner, or\n\ndesignee, as a confidential document without waiving the privilege\n\nset forth in this section to which the company would otherwise be\n\nentitled; provided, however, that the provisions of the Oklahoma\n\nInsurance Code permitting the Commissioner to make confidential\n\ndocuments public and grant access to documents to the National\n\nAssociation of Insurance Commissioners shall not apply to the\n\ninsurance compliance self-evaluative audit document. Any such\n\nreport furnished to the Insurance Commissioner shall not be provided\n\nto any other persons or entities and shall be accorded the same\n\nconfidentiality and other protections as provided above for\n\nvoluntarily submitted documents.\n\nD. A company's insurance compliance self-evaluative audit\n\ndocument submitted to the Commissioner shall remain subject to all\n\napplicable statutory or common law privileges including, but not\n\nlimited to, the work product doctrine, attorney-client privilege, or\n\nthe subsequent remedial measures exclusion.\n\nE. Any compliance self-evaluative audit document so submitted\n\nand in the possession of the Commissioner shall remain the property\n\nof the company and shall not be subject to any disclosure or\n\nproduction under the Oklahoma Open Records Act.\n\nF. Disclosure of an insurance compliance self-evaluative audit\n\ndocument to a governmental agency, whether voluntary or pursuant to\n\ncompulsion of law, shall not constitute a waiver of the privilege\n\nset forth in subsection A of this section with respect to any other\n\npersons or any other governmental agencies.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"49ab8d2a23ede682911f2e20b5b867e67a18e57b008c9de3d4e3979797f9c3f5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6820","next":"us-ok/okla.-stat.-tit.-36-36-6831"},"notice":"GroundRules: Original legal text. Not legal advice."}
