§493.__Exceptions

1.__Express waiver.__The privilege set forth in section 492 does not apply to the extent the insurer that prepared or caused to be prepared the insurance compliance self-audit document expressly waives the privilege by so stating its intent in writing.

2.__Fraud; not privileged.__In a civil or administrative proceeding, a court of record may, after an in camera review, require disclosure of material as to which the privilege set forth in section 492 is asserted, if the court determines one of the following:

A.__The privilege is asserted for a fraudulent purpose; or

B.__The material is not subject to the privilege.

3.__Relevant to criminal offense.__The privilege set forth in section 492 does not apply if the material contains evidence relevant to commission of a criminal offense under state insurance laws and all of the following factors are present:

A.__The Attorney General or the district attorney has a compelling need for the information;

B.__The information is not otherwise available; and

C.__The Attorney General or the district attorney is unable to obtain the substantial equivalent of the information by any means without incurring unreasonable cost and delay.

§494.__Assertion of privilege

1.__In camera hearing request.__Within 30 days after the Attorney General or the district attorney under section 493, subsection 2 or 3 makes a written request by certified mail for disclosure of an insurance compliance self-audit document, the insurer that prepared or caused the document to be prepared may file with the appropriate court a petition requesting an in camera hearing on whether the insurance compliance self-audit document or portions of the document are privileged or subject to disclosure.__An insurer asserting the insurance compliance self- audit privilege in response to a request for disclosure under this subsection shall include in its request for an in camera hearing all of the information set forth in subsection 4.