§ 311 — Filing of report on examination

New York § 311

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 3: Administrative and Procedural Provisions

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§ 311. Filing of report on examination. (a) Except as hereinafter\nprovided the superintendent may withhold from public inspection for such\ntime as he deems proper any report on examination made pursuant to\nsection three hundred ten of this article.\n (b) (1) Before adopting any such report and filing it for public\ninspection, the superintendent shall notify the insurer or other person\nexamined of its contents and shall afford such insurer or other person a\nreasonable opportunity to obtain further details and to demand a hearing\nwith reference to facts, conclusions or recommendations therein\ncontained.\n (2) If a hearing is requested within ten days after the giving of such\nnotice, the superintendent shall give notice and a hearing in accordance\nwith the provisions of this article. Such hearing shall be held before\nthe superintendent or a deputy superintendent.\n (c) The report on examination, with modifications thereof, if any,\nshall be accepted by the superintendent and filed for public inspection\nwithin six months after final hearing thereon and if he deems it in the\npublic interest to do so, he may publish any such report or any excerpt\ntherefrom or summary thereof, in one or more newspapers in the state.\n (d) In any action or proceeding in the name of the people against the\ninsurer or other person examined, or any officer or agent thereof, such\nreport, if adopted by the superintendent and filed for public\ninspection, shall be admissible in evidence and shall be presumptive\nevidence of the facts stated therein.\n (e) Nothing herein contained shall preclude the superintendent from\ninstituting any proceeding under article seventy-four of this chapter at\nany time or from using as proof in such proceeding any report on\nexamination or part thereof, whether or not such report has been adopted\nand filed.\n