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304.2-250 Examination reports -- Contents -- Prima facie evidence in certain
proceedings -- Confidentiality.
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(2)
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Upon completion of an examination, the examiner in charge shall make a true
report thereof which shall comprise only facts appearing upon the books,
records or other documents of the person examined, or as ascertained from
the sworn testimony of its officers or agents or other individuals examined
concerning its affairs, and such conclusions and recommendations as may
reasonably be warranted from such facts.
The report of examination of an insurer shall be prima facie evidence in any
action or proceeding for the receivership, conservation or liquidation of the
insurer brought in the name of the state against the insurer, its officers or
agents upon the facts stated therein, and whether or not the report has then
been filed in the department as provided in KRS 304.2-260.
Except as provided in KRS 304.2-260 and 304.2-270, documents, materials, or
other information, including examination workpapers, in the possession or
control of the commissioner that are created, produced, or obtained by or
disclosed to the commissioner or any other person in the course of an
examination made under this subtitle, or in the course of an examination made
under KRS 304.2-210 to 304.2-300, or in the course of analysis by the
commissioner of the financial condition, or market conduct of an insurer shall
be confidential by law and privileged but may be used, received, and shared in
accordance with KRS 304.2-210.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 942, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 152, sec. 3, effective July 15, 2008. -- Created 1970
Ky. Acts ch. 301, subtit. 2, sec. 25, effective June 18, 1970.
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