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disclosure under section 493, subsection 3 has the burden of | | proving the elements set forth in section 493, subsection 3. |
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| | | 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. |
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| | | The privilege set forth in section 492 does not extend to any | | of the following: |
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| | | 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; |
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| | | 2.__Regulatory information.__Information obtained by | | observation or monitoring by any regulatory agency; or |
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| | | 3.__Independent information.__Information obtained from a | | source independent of the insurance compliance self-audit. |
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| | | §497.__Effect on existing privileges |
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| | | 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. |
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| | | An insurer is immune from the imposition of all penalties | | under the state insurance laws for any violations of those laws | | if: |
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| | | 1.__Violation subject of audit.__The violations were the | | subject of an insurance compliance self-audit; and |
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| | | 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. |
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