SB 1474 Summary

• Creates a privilege protecting insurance compliance self-evaluative audit documents from discovery and admission as evidence in civil, criminal, and administrative proceedings in Oklahoma.

• Prohibits officers, employees, agents, and consultants involved in performing insurance compliance audits from being examined regarding the audit or audit documents in any legal proceeding.

• Allows companies to voluntarily submit audit documents to the Insurance Commissioner as confidential materials without waiving privilege, and prohibits the Commissioner from sharing these documents with other entities or the National Association of Insurance Commissioners.

• Limits the privilege if the company expressly waives it, provides audit documents to witnesses for testimony, or fails to initiate reasonable efforts to achieve compliance upon discovering noncompliance.

• Permits courts to compel disclosure after in camera review if privilege is asserted in bad faith, fraudulently, or (in criminal cases) if material contains evidence of criminal offense and three factors are met regarding compelling need, unavailability, and cost.