N.Y. Insurance Law Section 311
Filing of report on examination


(a)

Except as hereinafter provided the superintendent may withhold from public inspection for such time as he deems proper any report on examination made pursuant to § 310 (Examinations)section three hundred ten of this article.

(b)

(1) Before adopting any such report and filing it for public inspection, the superintendent shall notify the insurer or other person examined of its contents and shall afford such insurer or other person a reasonable opportunity to obtain further details and to demand a hearing with reference to facts, conclusions or recommendations therein contained.

(2)

If a hearing is requested within ten days after the giving of such notice, the superintendent shall give notice and a hearing in accordance with the provisions of this article. Such hearing shall be held before the superintendent or a deputy superintendent.

(c)

The report on examination, with modifications thereof, if any, shall be accepted by the superintendent and filed for public inspection within six months after final hearing thereon and if he deems it in the public interest to do so, he may publish any such report or any excerpt therefrom or summary thereof, in one or more newspapers in the state.

(d)

In any action or proceeding in the name of the people against the insurer or other person examined, or any officer or agent thereof, such report, if adopted by the superintendent and filed for public inspection, shall be admissible in evidence and shall be presumptive evidence of the facts stated therein.

(e)

Nothing herein contained shall preclude the superintendent from instituting any proceeding under article 74 (Rehabilitation, Liquidation, Conservation and Dissolution of Insurers)article seventy-four of this chapter at any time or from using as proof in such proceeding any report on examination or part thereof, whether or not such report has been adopted and filed.

Source: Section 311 — Filing of report on examination, https://www.­nysenate.­gov/legislation/laws/ISC/311 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

301
Regulations by superintendent
302
Supervisory colleges
306
Immunity from prosecution
307
Annual statements
308
Special reports
309
Examinations of insurers
310
Examinations
311
Filing of report on examination
312
Report on examination to be forwarded
314
Public retirement and pension systems
315
Professional malpractice or misconduct
316
Electronic filings
317
Compliance with reporting requirements of the financial security act
318
Reports of fire losses
319
Release of information resulting from insurers’ investigation of fires
320
Records to be made available by organizations subject to the provisions of this chapter
321
Medical information exchange centers
322
Prohibited referral payment to licensees by motor vehicle repairers
325
Records of domestic insurers
329
Certificates as evidence
330
Rating services available to other states
331
Superintendent to maintain index of tax districts
333
Assessments to defray expenses of Committee on Valuation of Securities of the National Association of Insurance Commissioners
335
Implementation of hospital reimbursement methodology
336
War risk exclusion
337
Annual consumer guide on automobile insurance
339
Colorectal cancer screening notification
340
Report of claims that may result in a monetary award
341
Notification regarding qualified health insurance plans
342
Public awareness to finance long term care
343
Mental health and substance use disorder parity report
344
Mental health and substance use disorder parity compliance programs
345
Health care claims reports

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 311’s source at nysenate​.gov

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