Section 311. Filing of report on examination  


Latest version.
  • (a) Except as hereinafter
      provided the superintendent may withhold from public inspection for such
      time as he deems proper any  report  on  examination  made  pursuant  to
      section three hundred ten of this article.
        (b)  (1)  Before  adopting  any  such  report and filing it for public
      inspection, the superintendent shall notify the insurer or other  person
      examined of its contents and shall afford such insurer or other person a
      reasonable opportunity to obtain further details and to demand a hearing
      with   reference   to  facts,  conclusions  or  recommendations  therein
      contained.
        (2) If a hearing is requested within ten days after the giving of such
      notice, the superintendent shall give notice and a hearing in accordance
      with the provisions of this article. Such hearing shall be  held  before
      the superintendent or a deputy superintendent.
        (c)  The  report  on  examination, with modifications thereof, if any,
      shall be accepted by the superintendent and filed for public  inspection
      within  six months after final hearing thereon and if he deems it in the
      public interest to do so, he may publish any such report or any  excerpt
      therefrom or summary thereof, in one or more newspapers in the state.
        (d)  In any action or proceeding in the name of the people against the
      insurer or other person examined, or any officer or agent thereof,  such
      report,   if   adopted  by  the  superintendent  and  filed  for  public
      inspection, shall be admissible in evidence  and  shall  be  presumptive
      evidence of the facts stated therein.
        (e)  Nothing  herein  contained shall preclude the superintendent from
      instituting any proceeding under article seventy-four of this chapter at
      any time or from using  as  proof  in  such  proceeding  any  report  on
      examination or part thereof, whether or not such report has been adopted
      and filed.