26.1-51-06. Waiver of privilege by insurer - Grounds for determination of privilege - Civil, administrative, or criminal proceedings

26.1-51-06. Waiver of privilege by insurer - Grounds for determination of privilege - Civil, administrative, or criminal proceedings. 1. The self-critical analysis privilege does not apply to the extent that it is expressly waived by the insurer that prepared or caused to be prepared the insurance compliance self-critical analysis audit document. 2. In a civil or administrative proceeding, a court of record, after an in-camera review, may require disclosure of material for which the privilege 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. In a criminal proceeding, a court of record, after an in-camera review, may require disclosure of material for which the privilege is asserted, if the court determines one of the following: a. The privilege is asserted for a fraudulent purpose; b. The material is not subject to the privilege; or c. The material contains evidence relevant to commission of a criminal offense, and all three of the following factors are present: (1) The commissioner, state's attorney, or attorney general has a compelling need for the information; (2) The information is not otherwise available; and (3) The commissioner, state's attorney, or attorney general is unable to obtain the substantial equivalent of the information by any other means without incurring unreasonable cost and delay.