On December 5, 2025, a new opinion from the North Dakota Attorney General was released regarding the North Dakota Insurance Reserve Fund (NDIRF). The opinion, labeled 2025-O-21, addresses an incident in which NDIRF refused to provide certain records related to a water main break.
According to the opinion, the North Dakota Insurance Reserve Fund violated the state’s open records law by not disclosing the requested documents. The decision states: “The North Dakota Insurance Reserve Fund violated North Dakota’s open records law by refusing to provide requested records related to a water main break, as the records were not confidential or created for the purpose of litigation.”
The opinion clarifies that public agencies must comply with open records requests unless there is a valid legal reason for withholding information. In this case, it was determined that neither confidentiality nor litigation purposes applied to the withheld documents.
Further details and access to the full text of this opinion are available on the official site.
