Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3352.Same; in camera review; effect onadmissibility of documents.(a) The privilege set forth in K.S.A. 60-3351, and amendmentsthereto, shall notapplyif, after an in camera review consistent with the code of civil procedure, acourt or administrative tribunal of record determines:
(1) The insurance compliance self-evaluative audit document shows evidence ofnoncompliance with applicable laws and regulations and appropriate efforts toachieve compliance with such laws and regulations were not promptly initiatedand pursued with reasonable diligence upon discovery of noncompliance; or
(2) to the extent that it is expressly waived by the insurance company thatprepared or caused to be prepared the insurance compliance self-evaluativeaudit document; or
(3) the privilege is asserted for a fraudulent purpose; or
(4) the material is not subject to the privilege.
(b) In a criminal proceeding, after an in camera review, a court may requiredisclosure ofmaterial for which the privilege described in K.S.A. 60-3351, and amendmentsthereto, is asserted, ifthe court determines one of the following:
(1) The privilege is asserted for a fraudulent purpose;
(2) the material is not subject to the privilege; or
(3) the material contains evidence relevant to commission of a criminaloffense underchapter 40 of Kansas Statutes Annotated, and amendments thereto, and all threeof the followingfactors are present:
(A) The commissioner, attorney general, or a county or district attorney, hasa compellingneed for the information;
(B) the information is not otherwise available; and
(C) the commissioner, attorney general, or a county or district attorney isunable to obtainthe substantial equivalent of the information by any other means withoutincurring unreasonablecost and delay.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3352.Same; in camera review; effect onadmissibility of documents.(a) The privilege set forth in K.S.A. 60-3351, and amendmentsthereto, shall notapplyif, after an in camera review consistent with the code of civil procedure, acourt or administrative tribunal of record determines:
(1) The insurance compliance self-evaluative audit document shows evidence ofnoncompliance with applicable laws and regulations and appropriate efforts toachieve compliance with such laws and regulations were not promptly initiatedand pursued with reasonable diligence upon discovery of noncompliance; or
(2) to the extent that it is expressly waived by the insurance company thatprepared or caused to be prepared the insurance compliance self-evaluativeaudit document; or
(3) the privilege is asserted for a fraudulent purpose; or
(4) the material is not subject to the privilege.
(b) In a criminal proceeding, after an in camera review, a court may requiredisclosure ofmaterial for which the privilege described in K.S.A. 60-3351, and amendmentsthereto, is asserted, ifthe court determines one of the following:
(1) The privilege is asserted for a fraudulent purpose;
(2) the material is not subject to the privilege; or
(3) the material contains evidence relevant to commission of a criminaloffense underchapter 40 of Kansas Statutes Annotated, and amendments thereto, and all threeof the followingfactors are present:
(A) The commissioner, attorney general, or a county or district attorney, hasa compellingneed for the information;
(B) the information is not otherwise available; and
(C) the commissioner, attorney general, or a county or district attorney isunable to obtainthe substantial equivalent of the information by any other means withoutincurring unreasonablecost and delay.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3352.Same; in camera review; effect onadmissibility of documents.(a) The privilege set forth in K.S.A. 60-3351, and amendmentsthereto, shall notapplyif, after an in camera review consistent with the code of civil procedure, acourt or administrative tribunal of record determines:
(1) The insurance compliance self-evaluative audit document shows evidence ofnoncompliance with applicable laws and regulations and appropriate efforts toachieve compliance with such laws and regulations were not promptly initiatedand pursued with reasonable diligence upon discovery of noncompliance; or
(2) to the extent that it is expressly waived by the insurance company thatprepared or caused to be prepared the insurance compliance self-evaluativeaudit document; or
(3) the privilege is asserted for a fraudulent purpose; or
(4) the material is not subject to the privilege.
(b) In a criminal proceeding, after an in camera review, a court may requiredisclosure ofmaterial for which the privilege described in K.S.A. 60-3351, and amendmentsthereto, is asserted, ifthe court determines one of the following:
(1) The privilege is asserted for a fraudulent purpose;
(2) the material is not subject to the privilege; or
(3) the material contains evidence relevant to commission of a criminaloffense underchapter 40 of Kansas Statutes Annotated, and amendments thereto, and all threeof the followingfactors are present:
(A) The commissioner, attorney general, or a county or district attorney, hasa compellingneed for the information;
(B) the information is not otherwise available; and
(C) the commissioner, attorney general, or a county or district attorney isunable to obtainthe substantial equivalent of the information by any other means withoutincurring unreasonablecost and delay.
