Report of examination: Contents; evidentiary effect in certain proceedings.
1. No later than 60 days after the completion of an examination, the examiner designated by the Commissioner shall make a true report thereof which must comprise only facts appearing upon the books, records or other documents of the person examined, or as ascertained from the sworn testimony of the officers or agents or other persons examined concerning its affairs, and such conclusions and recommendations as may reasonably be warranted from the facts. The report of examination must be verified by the oath of the examiner making the report.
2. Such a report of examination of an insurer so verified is 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.
Last modified: February 27, 2006