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Texas Insurance Code - Not Codified - Section 21A.017. Records

Legal Research Home > Texas Lawyer > Insurance Code - Not Codified > Texas Insurance Code - Not Codified - Section 21A.017. Records

Sec. 21A.017. RECORDS.  (a) Upon entry of an order of
rehabilitation or liquidation, the receiver is vested with title to
all of the books, documents, papers, policy information, and claim
files, and all other records of the insurer, of whatever nature, in
whatever medium, and wherever located, regardless of whether the
records are in the custody and control of a third-party
administrator, managing general agent, attorney, or other
representative of the insurer.  The receiver may immediately take
possession and control of all of the records of the insurer, and of
the premises where the records are located.  A third-party
administrator, managing general agent, attorney, or other
representative of the insurer shall release all records described
by this subsection to the receiver, or the receiver's designee, at
the request of the receiver.  A guaranty association that has or may
have obligations under a policy issued by the insurer has the right,
with the receiver's approval, to take actions as are necessary to
obtain directly from any third-party administrator, managing
general agent, attorney, or other representative of the insurer all
records described by this section that pertain to the insurer's
business and that are appropriate or necessary for the guaranty
association to fulfill the association's statutory obligations.
	(b)  The receiver has the authority to certify the records of
a delinquent insurer described by Subsection (a) and the records of
the receiver's office created and maintained in connection with a
delinquent insurer, as follows:
	(1)  records of a delinquent insurer may be certified by the
receiver in an affidavit stating that the records:
	(A)  are true and correct copies of records of the insurer;
and
	(B)  were received from the custody of the insurer or found
among its effects;  and
	(2)  records created by or filed with the receiver's office
in connection with a delinquent insurer may be certified by the
receiver's affidavit stating that the records are true and correct
copies of records maintained by the receiver's office.
	(c)  Original books, documents, papers, and other records,
or copies of original records certified under Subsection (b), when
admitted in evidence, are prima facie evidence of the facts
disclosed.
	(d)  The records of a delinquent insurer held by the receiver
may not be considered records of the department for any purposes,
and Chapter 552, Government Code, does not apply to those records.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 10, 2007