S T A T E O F N E W Y O R K
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4821
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to disclosure of corre-
spondence, memoranda and other documents arising out of an examina-
tion, investigation or inquiry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 311-a
to read as follows:
S 311-A. DISCLOSURE OF EXAMINATION DOCUMENTS. ALL CORRESPONDENCE,
MEMORANDA AND OTHER DOCUMENTS CONCERNING OR ARISING OUT OF AN EXAMINA-
TION, INVESTIGATION OR INQUIRY, INCLUDING ANY DULY AUTHENTICATED COPY OR
COPIES THEREOF IN THE POSSESSION OF ANY INSURER SUBJECT TO THE
PROVISIONS OF THIS CHAPTER OR ANY SUBSIDIARY, PARENT OR AFFILIATE THERE-
OF, SHALL BE CONFIDENTIAL; SHALL NOT BE SUBJECT TO DISCLOSURE UNDER
ARTICLE SIX OF THE PUBLIC OFFICERS LAW; SHALL NOT BE SUBJECT TO SUBPOE-
NA, EXCEPT AS SET FORTH IN SUBSECTION (D) OF SECTION THREE HUNDRED ELEV-
EN OF THIS ARTICLE; AND SHALL NOT BE MADE PUBLIC UNLESS THE SUPERINTEN-
DENT DEEMS PUBLICATION TO BE IN THE INTEREST OF THE POLICYHOLDERS,
SHAREHOLDERS FOR THE PUBLIC, IN WHICH EVENT THE SUPERINTENDENT MAY
PUBLISH ANY SUCH CORRESPONDENCE, MEMORANDA OR OTHER DOCUMENTS, ANY
EXCERPT THEREFROM, OR A SUMMARY THEREOF, IN A MANNER THAT THE SUPER-
INTENDENT DEEMS PROPER, OR AS OTHERWISE PROVIDED IN THIS CHAPTER.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08733-01-9