HB 927 -- Insurance Audits

Sponsor:  Henderson

This bill makes privileged any information collected in the
course of an insurance compliance audit.  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 30 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.

Missouri House of Representatives
Last Updated September 13, 2001 at 2:04 pm