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.
Last modified: February 3, 2019