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

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.