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Hawaii does not recognize a self-critical analysis privilege in tort, but does recognize aform of this privilege in its insurance code. (Hawaii Insurance Code, § 431:2D-107 (“Noinsurer shall be compelled to disclose an insurance compliance self-evaluative auditdocument or waive any statutory or common law privilege . . .”).)Of note, the Ninth Circuit, in Dowling v. American Hawaii Cruises, Inc., 971 F.2d 423,426 (1992) held that “no privilege of ‘self-critical analysis’ protects routine internalcorporate review of matters related to safety concerns.”

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