North Dakota § 26.1-51-06 Waiver of privilege by insurer - Grounds for determination of privilege - Civil, administrative, or criminal proceedings

North Dakota Statutes

§ 26.1-51-06 — Waiver of privilege by insurer - Grounds for determination of privilege - Civil, administrative, or criminal proceedings

North Dakota § 26.1-51-06

Title 26.1Insurance

Ch. 26.1-51Self-Critical Insurance Analysis Privilege

This text of North Dakota § 26.1-51-06 (Waiver of privilege by insurer - Grounds for determination of privilege - Civil, administrative, or criminal proceedings) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 26.1-51-06 (2026).

Text

Civil, administrative, or criminal proceedings.

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.

2.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:

a.The privilege is asserted for a fraudulent purpose; or

b.The material is not subject to the privilege.

3.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:

a.The privilege is asserted

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Civil, administrative, or criminal proceedings.
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.
2. 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:
a. The privilege is asserted for a fraudulent purpose; or
b. The material is not subject to the privilege.

3. 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:
a. The privilege is asserted for a fraudulent purpose;
b. The material is not subject to the privilege; or
c. The material contains evidence relevant to commission of a criminal offense, and
all three of the following factors are present:
(1) The commissioner, state's attorney, or attorney general has a compelling
need for the information;
(2) The information is not otherwise available; and
(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.