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The DC Code: § 31-857 Burden of proof.

Index31 Insurance and Securities. (Refs & Annos)
A company asserting the privilege shall have the burden of demonstrating the applicability of the privilege. If a company has established the applicability of the privilege, a party seeking disclosure under § 31-854 shall have the burden of proving that the privilege is asserted for a fraudulent purpose or that the company failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time. The Commissioner, Corporation Counsel, or U. S. Attorney seeking disclosure under § 31-855 shall have the burden of proof.
The parties may at any time agree to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document be disclosed.

Historical and Statutory

Legislative History of Laws For Law 14-293, see notes following § 31-851. DC CODE § 31-857 Current through December 11, 2012


(Apr. 11, 2003, D.C. Law 14-293, § 8, 50 DCR 296.)