60-3354. Same; assertion of privilege; burden of proof. - Kansas Statutes

60-3354

Chapter 60.--PROCEDURE, CIVIL Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY

      60-3354.   Same; assertion of privilege; burden ofproof.(a) Any insurance company asserting the insurance complianceself-evaluativeprivilege set forth in K.S.A. 60-3351, and amendments thereto, has the burdenofdemonstrating theapplicability of the privilege. Once any insurance company has established theapplicability ofthe privilege, the party seeking disclosure under paragraph (1) of subsection(b) of K.S.A. 60-3352, andamendments thereto, has the burden of proving that the privilege is assertedfor a fraudulentpurpose. The commissioner, attorney general, or a county or district attorneyseeking disclosureunder subsection (c) of K.S.A. 60-3352, and amendments thereto, has the burdenofproving theelements set forth in subsection (c) of K.S.A. 60-3352 and amendments thereto.

      (b)   The parties may at any time stipulate in proceedings under K.S.A. 60-3352or 60-3353, andamendments thereto, to entry of an order directing that specific informationcontained in aninsurance compliance self-evaluative audit document is or is not subject to theprivilege providedunder K.S.A. 60-3351 and amendments thereto. Any such stipulation may belimited tothe instantproceeding and, absent specific language to the contrary, shall not beapplicable to any otherproceeding.

      History:   L. 2005, ch. 148, § 4; July 1.