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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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