Section 731.760 – Definitions for ORS 731.760 to 731.770.
As used in ORS 731.760 to 731.770: (1) “Insurance compliance audit” means a voluntary internal evaluation, review, assessment, audit or investigation that is undertaken to identify or prevent noncompliance with, or promote compliance with, laws, regulations, orders or industry or professional standards, and that is conducted by or on behalf of an insurer regulated under […]
Section 731.761 – Privileged information.
(1) Except as provided in ORS 731.760 to 731.770, an insurance compliance self-evaluative audit document is privileged information and is not discoverable, or admissible as evidence, in any civil, criminal or administrative proceeding. (2) Except as provided in ORS 731.760 to 731.770, any person who performs or directs the performance of an insurance compliance audit, […]
Section 731.762 – Authority of director.
(1) ORS 731.761 does not limit the authority of the Director of the Department of Consumer and Business Services to acquire any insurance compliance self-evaluative audit document or to examine any person in connection with the document. If the director determines that the actions of an insurer are egregious, the director may introduce and use […]
Section 731.764 – Waiver of privilege; permitted disclosures.
(1) The privilege set forth in ORS 731.761 does not apply to the extent that the privilege is expressly waived by the insurer that prepared or caused to be prepared the insurance compliance self-evaluative audit document. (2) The privilege set forth in ORS 731.761 does not apply in any civil, criminal or administrative proceeding commenced […]
Section 731.766 – Petition for in camera hearing; hearing; compelled disclosure.
(1) Within 30 days after a district attorney or the Attorney General serves on an insurer a written request by certified mail for disclosure of an insurance compliance self-evaluative audit document, the insurer that prepared or caused the document to be prepared may file in circuit court a petition requesting an in camera hearing on […]
Section 731.768 – Privilege; exceptions.
The privilege established under ORS 731.761 does not apply to any of the following: (1) Documents, communications, data, reports or other information expressly required to be collected, developed, maintained or reported to a regulatory agency under the Insurance Code or other state or federal law; (2) Information obtained by observation or monitoring by any regulatory […]
Section 731.770 – Other privileges or limitations pertaining to audit document.
Nothing in ORS 731.760 to 731.770, or in the release of any insurance compliance self-evaluative audit document under ORS 731.760 to 731.770, shall limit, waive or abrogate the scope or nature of any statutory or common law privilege or other limitation on admissibility of evidence including, but not limited to, the work product doctrine, the […]