Okla. Stat. tit. 36, § 36-6833
This is the official text of Okla. Stat. tit. 36, § 36-6833, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Burden of proof
Official statutory text
A. A company asserting the insurance compliance self-evaluative
privilege set forth in Section 1 of this act has the burden of
demonstrating the applicability of the privilege. Once a company
has established the applicability of the privilege, the party
seeking disclosure under this act has the burden of proving that the
privilege is asserted in bad faith or for a fraudulent or any other
similar improper purpose. The Insurance Commissioner, district
attorney, or Attorney General seeking disclosure under this act has
the burden of proving the elements set forth in subsection B or C of
Section 2 of this act.
B. The parties may at any time stipulate in proceedings under
Section 2 or 3 of this act to entry of an order directing that
specific information contained in an insurance compliance self-
evaluative audit document is or is not subject to the privilege
provided under Section 1 of this act. Any such stipulation may be
Oklahoma Statutes - Title 36. Insurance Page 1377
limited to the instant proceeding and, absent specific language to
the contrary, shall not be applicable to any other proceeding.
privilege set forth in Section 1 of this act has the burden of
demonstrating the applicability of the privilege. Once a company
has established the applicability of the privilege, the party
seeking disclosure under this act has the burden of proving that the
privilege is asserted in bad faith or for a fraudulent or any other
similar improper purpose. The Insurance Commissioner, district
attorney, or Attorney General seeking disclosure under this act has
the burden of proving the elements set forth in subsection B or C of
Section 2 of this act.
B. The parties may at any time stipulate in proceedings under
Section 2 or 3 of this act to entry of an order directing that
specific information contained in an insurance compliance self-
evaluative audit document is or is not subject to the privilege
provided under Section 1 of this act. Any such stipulation may be
Oklahoma Statutes - Title 36. Insurance Page 1377
limited to the instant proceeding and, absent specific language to
the contrary, shall not be applicable to any other proceeding.
Status: in_force · Read it on the official government site
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