Loading chat...
GA HB996
Bill
Status
Introduced
2/11/2014
Primary Sponsor
James Shaw
Click for details
AI Summary
- Establishes an insurance compliance self-evaluative privilege in Georgia (Code Section 33-2-34) that protects documents created during voluntary internal compliance audits from disclosure and makes them inadmissible as evidence in civil, criminal, or administrative proceedings
- Defines covered audit documents broadly to include audit reports, field notes, memoranda, implementation plans, analytic data, photographs, and other materials collected or developed for the primary purpose of a voluntary internal compliance audit
- Allows courts to override the privilege after in camera review if the privilege is asserted fraudulently, the material is not actually subject to the privilege, the insurer failed to take reasonable corrective action after discovering noncompliance, or (in criminal cases) the material contains evidence of a criminal offense and the Commissioner demonstrates compelling need
- Requires insurers to file a court petition within 30 days of receiving the Commissioner's written disclosure request or waive the privilege, with the court scheduling an in camera hearing within 45 days of the petition filing
- Places the burden of proof on the insurer to demonstrate the privilege applies, and on the party seeking disclosure to prove the privilege was asserted fraudulently or that the insurer failed to correct noncompliance; preserves existing attorney-client, work product, and other statutory or common law privileges
Legislative Description
Insurance; provide for insurance compliance self-evaluative privilege; provisions
Last Action
House Second Readers
2/18/2014
Full Bill Text
No bill text available