SCS/SB 1157 - This act makes any information collected in the course of an insurance compliance audit or contained in an insurance compliance self-evaluative document privileged information unless an exception applies.

Audit documents submitted to the Director of Insurance remain property of the insurer and are not subject to disclosure under the Sunshine Law. Persons preparing the audit documents shall not be examined in civil, criminal or administrative hearings unless the documents are not privileged. The information is not admissible as evidence in any legal action, unless the insurer expressly waives the privilege, a court requires disclosure after in camera review, or the information shows that the insurer failed to undertake action to correct noncompliance within a reasonable time. The privilege does not extend to any information that is already required to be provided to a regulatory agency or to any information that is independently obtained. A court may order disclosure of the privileged information for a criminal proceeding under certain conditions. An insurer may voluntarily submit the audit to the Department of Insurance without waiving the privilege. The privilege is deemed to be waived by the insurer 14 days after receiving a request for disclosure of a self-evaluative audit by the department or a prosecutor, unless the insurer files a petition for an in camera examination. Any compelled disclosure of an audit will not make the audit a public document.

This act is similar to HB 927 (2001).
STEPHEN WITTE