Legislation
SECTION 310
Examinations; how conducted
Insurance (ISC) CHAPTER 28, ARTICLE 3
§ 310. Examinations; how conducted. (a) (1) Whenever pursuant to any
provision of this chapter, the superintendent shall determine to examine
the affairs of any insurer or other person, he shall make an order
indicating the scope of the examination and may appoint as examiners one
or more persons not employed by any insurer or interested in any insurer
except as a policyholder. A copy of such order shall upon demand be
exhibited to the insurer or person whose affairs are to be examined
before the examination begins.
(2) Any examiner authorized by the superintendent shall be given
convenient access at all reasonable hours to the books, records, files,
securities and other documents of such insurer or other person,
including those of any affiliated or subsidiary companies thereof, which
are relevant to the examination, and shall have power to administer
oaths and to examine under oath any officer or agent of such insurer or
other person, and any other person having custody or control of such
documents, regarding any matter relevant to the examination.
(3) The officers and agents of such insurer or other person shall
facilitate such examination and aid such examiners in conducting the
same so far as it is in their power to do so.
(4) The refusal of any insurer to submit to examination shall be
ground for revocation or refusal of a license or renewal license.
(5) The examiner or examiners in charge of such examination shall make
a true report of every examination made by them, verified under oath,
which shall comprise only facts appearing upon the books, records, or
other documents of such insurer or other person or as ascertained from
the sworn testimony of its officers or agents or other persons examined
concerning its affairs, and such conclusions and recommendations as may
reasonably be warranted from such facts.
(b) In connection with any such examination the superintendent may
appoint one or more competent persons as appraisers with authority to
appraise the real property of such insurer or other person or any real
property on which it holds security. The report of such appraisers shall
be a supplement to the report of the examiner or examiners in charge,
and shall be subject to notice and hearing as provided in section three
hundred eleven of this article.
provision of this chapter, the superintendent shall determine to examine
the affairs of any insurer or other person, he shall make an order
indicating the scope of the examination and may appoint as examiners one
or more persons not employed by any insurer or interested in any insurer
except as a policyholder. A copy of such order shall upon demand be
exhibited to the insurer or person whose affairs are to be examined
before the examination begins.
(2) Any examiner authorized by the superintendent shall be given
convenient access at all reasonable hours to the books, records, files,
securities and other documents of such insurer or other person,
including those of any affiliated or subsidiary companies thereof, which
are relevant to the examination, and shall have power to administer
oaths and to examine under oath any officer or agent of such insurer or
other person, and any other person having custody or control of such
documents, regarding any matter relevant to the examination.
(3) The officers and agents of such insurer or other person shall
facilitate such examination and aid such examiners in conducting the
same so far as it is in their power to do so.
(4) The refusal of any insurer to submit to examination shall be
ground for revocation or refusal of a license or renewal license.
(5) The examiner or examiners in charge of such examination shall make
a true report of every examination made by them, verified under oath,
which shall comprise only facts appearing upon the books, records, or
other documents of such insurer or other person or as ascertained from
the sworn testimony of its officers or agents or other persons examined
concerning its affairs, and such conclusions and recommendations as may
reasonably be warranted from such facts.
(b) In connection with any such examination the superintendent may
appoint one or more competent persons as appraisers with authority to
appraise the real property of such insurer or other person or any real
property on which it holds security. The report of such appraisers shall
be a supplement to the report of the examiner or examiners in charge,
and shall be subject to notice and hearing as provided in section three
hundred eleven of this article.