Title 33, Chapter 38, Section 16
( 33-38-16)
(a) The board of directors may, upon majority vote, make reports and
recommendations to the Commissioner upon any matter germane to the
solvency, liquidation, rehabilitation, or conservation of any member
insurer, or to the solvency of any company seeking to do an
insurance business in this state. Such reports and recommendations
shall not be considered public documents. (b) It shall be the duty of the board of directors, upon majority
vote, to notify the Commissioner of any information indicating any
member insurer may be an impaired or insolvent insurer. (c) The board of directors may, upon majority vote, request that the
Commissioner order an examination of any member insurer which the
board in good faith believes may be an impaired or insolvent
insurer. Within 30 days of the receipt of such request, the
Commissioner shall begin such examination. The examination may be
conducted as a National Association of Insurance Commissioners'
examination or may be conducted by such persons as the Commissioner
designates. The cost of such examination shall be paid by the
association and the examination report shall be treated the same as
other examination reports. In no event shall such examination
report be released to the board of directors prior to its release to
the public, but this shall not preclude the Commissioner from
complying with subsection (a) of this Code section. The
Commissioner shall notify the board of directors when the
examination is completed. The request for an examination shall be
kept on file by the Commissioner, but it shall not be open to public
inspection prior to the release of the examination report to the
public. (d) The board of directors may, upon majority vote, make
recommendations to the Commissioner for the detection and prevention
of insurer insolvencies. (e) The board of directors shall, at the conclusion of any insurer
insolvency in which the association was obligated to pay covered
claims, prepare a report to the Commissioner containing such
information as it may have in its possession bearing on the history
and causes of such insolvency. The board shall cooperate with the
board of directors of guaranty associations in other states in
preparing a report on the history and causes of insolvency of a
particular insurer and may adopt by reference any report prepared by
such other associations. |