2013 New York Consolidated Laws
ISC - Insurance
Article 3 - (301 - 341) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
310 - Examinations; how conducted.


NY Ins L § 310 (2012) What's This?
 
    §  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.

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