{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6831","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6831","heading":"Applicability of confidentiality privilege - Disclosure","body":"A. The privilege set forth in Section 1 of this act does not\n\napply:\n\n1. To the extent that it is expressly waived by the company\n\nthat prepared or caused to be prepared the insurance compliance\n\nself-evaluative audit document;\n\n2. If the company that prepared or caused to be prepared the\n\ninsurance compliance self-evaluative audit document provides the\n\naudit or any audit documents to any witness for the purpose of\n\ntestimonial use in the matter in which the privilege is being\n\nasserted; or\n\n3. If the insurance compliance self-evaluative audit document\n\nshows evidence of noncompliance with applicable state or federal\n\nlaws, rules, regulations or orders and appropriate efforts to\n\nachieve compliance with such laws, rules, regulations or orders were\n\nnot initiated within a reasonable time and pursued with reasonable\n\ndiligence upon discovery of noncompliance.\n\nB. In a civil or administrative proceeding, a court of record\n\nmay, after an in camera review, require disclosure of material for\n\nwhich the privilege set forth in Section 1 of this act is asserted,\n\nif the court determines one of the following:\n\n1. The privilege is intentionally asserted in bad faith or for\n\na fraudulent or any other similar improper purpose; or\n\n2. The material is not subject to the privilege.\n\nIf the court requires disclosure because of paragraph 1 of this\n\nsubsection, the court may impose sanctions as for any other\n\nviolation of the rules of discovery.\n\nC. In a criminal proceeding, a court of record may, after an in\n\ncamera review, require disclosure of material for which the\n\nprivilege described in Section 1 of this act is asserted, if the\n\ncourt determines one of the following:\n\n1. The privilege is asserted in bad faith or for a fraudulent\n\nor any other similar improper purpose;\n\n2. The material is not subject to the privilege; or\n\n3. The material contains evidence relevant to commission of a\n\ncriminal offense, and all three of the following factors are\n\npresent:\n\na. the Insurance Commissioner, district attorney, or\n\nAttorney General has a compelling need for the\n\ninformation,\n\nb. the information is not otherwise available, and\n\nc. the Insurance Commissioner, district attorney, or\n\nAttorney General is unable to obtain the substantial\n\nequivalent of the information by any other means\n\nwithout incurring unreasonable cost and delay.","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":"f5afa3f65db09979ca56dc67119c48a530337d205ed888af131b9ad0c47bec3a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6830","next":"us-ok/okla.-stat.-tit.-36-36-6832"},"notice":"GroundRules: Original legal text. Not legal advice."}