Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3353.Same; in camera review; procedure.(a) Within 30 days after the commissioner, attorney general, ora county ordistrict attorney serves on an insurance company a written request by certifiedmail for disclosureof an insurance compliance self-evaluative audit document under thissubsection, the insurancecompany that prepared or caused the document to be prepared may file with theappropriate courta petition requesting an in camera hearing on whether the insurance complianceself-evaluativeaudit document or portions of the document are privileged under this act orsubject to disclosure.The court has jurisdiction over a petition filed by any insurance company underthis sectionrequesting an in camera hearing on whether the insurance complianceself-evaluative auditdocument or portions of the document are privileged or subject to disclosure. Failure by theinsurance company to file a petition waives the privilege for this requestonly.
(b) Any insurance company asserting the insurance compliance self-evaluativeprivilegein response to a request for disclosure under this subsection shall include inits request for an incamera hearing all of the information set forth in subsection (e) of thissection.
(c) Upon the filing of a petition under this section, the court shall issuean orderscheduling, within 45 days after the filing of the petition, an in camerahearing to determinewhether the insurance compliance self-evaluative audit document or portions ofthe document areprivileged under this act or subject to disclosure.
(d) After an in camera review, the court may require disclosure of materialfor which theprivilege in K.S.A. 60-3351, and amendments thereto, is asserted if the courtdetermines, based uponits in camera review, that any one of the conditions set forth in paragraphs(1) and (2) ofsubsection (b) of K.S.A. 60-3352, and amendments thereto, is applicable as to acivil or administrativeproceeding or that any one of the conditions set forth in paragraphs (1)through (3) of subsection(c) of K.S.A. 60-3352 and amendments thereto, is applicable as to a criminalproceeding. Upon making such a determination, the court may only compel thedisclosure of those portions of an insurancecompliance self-evaluative audit document relevant to issues in dispute in theunderlyingproceeding. Any compelled disclosure will not be considered to be a publicdocument or bedeemed to be a waiver of the privilege for any other civil, criminal oradministrative proceeding.A party unsuccessfully opposing disclosure may apply to the court for anappropriate orderprotecting the document from further disclosure.
(e) At the time of filing any objection to the disclosure, any insurancecompany assertingthe insurance compliance self-evaluative privilege in response to a request fordisclosure underthis section shall provide to the commissioner, attorney general, or a countyordistrict attorney, allof the following information:
(1) The date of the insurance compliance self-evaluative audit document.
(2) The identity of the entity conducting the audit.
(3) The general nature of the activities covered by the insurance complianceaudit.
(4) An identification of the portions of the insurance complianceself-evaluative auditdocument for which the privilege is being asserted.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3353.Same; in camera review; procedure.(a) Within 30 days after the commissioner, attorney general, ora county ordistrict attorney serves on an insurance company a written request by certifiedmail for disclosureof an insurance compliance self-evaluative audit document under thissubsection, the insurancecompany that prepared or caused the document to be prepared may file with theappropriate courta petition requesting an in camera hearing on whether the insurance complianceself-evaluativeaudit document or portions of the document are privileged under this act orsubject to disclosure.The court has jurisdiction over a petition filed by any insurance company underthis sectionrequesting an in camera hearing on whether the insurance complianceself-evaluative auditdocument or portions of the document are privileged or subject to disclosure. Failure by theinsurance company to file a petition waives the privilege for this requestonly.
(b) Any insurance company asserting the insurance compliance self-evaluativeprivilegein response to a request for disclosure under this subsection shall include inits request for an incamera hearing all of the information set forth in subsection (e) of thissection.
(c) Upon the filing of a petition under this section, the court shall issuean orderscheduling, within 45 days after the filing of the petition, an in camerahearing to determinewhether the insurance compliance self-evaluative audit document or portions ofthe document areprivileged under this act or subject to disclosure.
(d) After an in camera review, the court may require disclosure of materialfor which theprivilege in K.S.A. 60-3351, and amendments thereto, is asserted if the courtdetermines, based uponits in camera review, that any one of the conditions set forth in paragraphs(1) and (2) ofsubsection (b) of K.S.A. 60-3352, and amendments thereto, is applicable as to acivil or administrativeproceeding or that any one of the conditions set forth in paragraphs (1)through (3) of subsection(c) of K.S.A. 60-3352 and amendments thereto, is applicable as to a criminalproceeding. Upon making such a determination, the court may only compel thedisclosure of those portions of an insurancecompliance self-evaluative audit document relevant to issues in dispute in theunderlyingproceeding. Any compelled disclosure will not be considered to be a publicdocument or bedeemed to be a waiver of the privilege for any other civil, criminal oradministrative proceeding.A party unsuccessfully opposing disclosure may apply to the court for anappropriate orderprotecting the document from further disclosure.
(e) At the time of filing any objection to the disclosure, any insurancecompany assertingthe insurance compliance self-evaluative privilege in response to a request fordisclosure underthis section shall provide to the commissioner, attorney general, or a countyordistrict attorney, allof the following information:
(1) The date of the insurance compliance self-evaluative audit document.
(2) The identity of the entity conducting the audit.
(3) The general nature of the activities covered by the insurance complianceaudit.
(4) An identification of the portions of the insurance complianceself-evaluative auditdocument for which the privilege is being asserted.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3353.Same; in camera review; procedure.(a) Within 30 days after the commissioner, attorney general, ora county ordistrict attorney serves on an insurance company a written request by certifiedmail for disclosureof an insurance compliance self-evaluative audit document under thissubsection, the insurancecompany that prepared or caused the document to be prepared may file with theappropriate courta petition requesting an in camera hearing on whether the insurance complianceself-evaluativeaudit document or portions of the document are privileged under this act orsubject to disclosure.The court has jurisdiction over a petition filed by any insurance company underthis sectionrequesting an in camera hearing on whether the insurance complianceself-evaluative auditdocument or portions of the document are privileged or subject to disclosure. Failure by theinsurance company to file a petition waives the privilege for this requestonly.
(b) Any insurance company asserting the insurance compliance self-evaluativeprivilegein response to a request for disclosure under this subsection shall include inits request for an incamera hearing all of the information set forth in subsection (e) of thissection.
(c) Upon the filing of a petition under this section, the court shall issuean orderscheduling, within 45 days after the filing of the petition, an in camerahearing to determinewhether the insurance compliance self-evaluative audit document or portions ofthe document areprivileged under this act or subject to disclosure.
(d) After an in camera review, the court may require disclosure of materialfor which theprivilege in K.S.A. 60-3351, and amendments thereto, is asserted if the courtdetermines, based uponits in camera review, that any one of the conditions set forth in paragraphs(1) and (2) ofsubsection (b) of K.S.A. 60-3352, and amendments thereto, is applicable as to acivil or administrativeproceeding or that any one of the conditions set forth in paragraphs (1)through (3) of subsection(c) of K.S.A. 60-3352 and amendments thereto, is applicable as to a criminalproceeding. Upon making such a determination, the court may only compel thedisclosure of those portions of an insurancecompliance self-evaluative audit document relevant to issues in dispute in theunderlyingproceeding. Any compelled disclosure will not be considered to be a publicdocument or bedeemed to be a waiver of the privilege for any other civil, criminal oradministrative proceeding.A party unsuccessfully opposing disclosure may apply to the court for anappropriate orderprotecting the document from further disclosure.
(e) At the time of filing any objection to the disclosure, any insurancecompany assertingthe insurance compliance self-evaluative privilege in response to a request fordisclosure underthis section shall provide to the commissioner, attorney general, or a countyordistrict attorney, allof the following information:
(1) The date of the insurance compliance self-evaluative audit document.
(2) The identity of the entity conducting the audit.
(3) The general nature of the activities covered by the insurance complianceaudit.
(4) An identification of the portions of the insurance complianceself-evaluative auditdocument for which the privilege is being asserted.
