LD 2058
pg. 5
Page 4 of 6 An Act Relative to Insurance Compliance Self-audit Page 6 of 6
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LR 2387
Item 1

 
disclosure under section 493, subsection 3 has the burden of
proving the elements set forth in section 493, subsection 3.

 
2.__Stipulations.__The parties may at any time stipulate in
proceedings under section 493 or 494 to entry of an order
directing that specific information contained in an insurance
compliance self-audit document is or is not subject to the
privilege provided under section 492.

 
§496.__Exclusions

 
The privilege set forth in section 492 does not extend to any
of the following:

 
1.__Required information.__Documents, communications, data,
reports or other information required to be collected, developed,
maintained, reported or otherwise made available to a regulatory
agency pursuant to this code or other federal or state law, rule
or order;

 
2.__Regulatory information.__Information obtained by
observation or monitoring by any regulatory agency; or

 
3.__Independent information.__Information obtained from a
source independent of the insurance compliance self-audit.

 
§497.__Effect on existing privileges

 
Nothing in this section limits, waives or abrogates the scope
or nature of any statutory or common law privilege including, but
not limited to, the work product doctrine, the attorney-client
privilege or the subsequent remedial measures exclusion.

 
§498.__Immunities

 
An insurer is immune from the imposition of all penalties
under the state insurance laws for any violations of those laws
if:

 
1.__Violation subject of audit.__The violations were the
subject of an insurance compliance self-audit; and

 
2.__Corrective measures.__The insurer has taken reasonable
steps to correct such violations within 90 days of the conclusion
of an insurance compliance self-audit.

 
§499.__Confidentiality


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