Examination of Books and Records
Alien insurers have the examination conducted at
their U.S. branch office.
The examinee must: Receive a copy of the examination report at least
30 days before it is filed with the Commissioner's office
The periodic examination must occur at least once every
5 years for domestic insurers and HMOs.
The examinee must: Pay the examination expenses, including the expense of an actuary, accountant, or other expert who is not otherwise a part of the
Commissioner's staff, if the expert is necessary to conduct the examination
The Commissioner, as often as advisable, may examine the accounts, records, documents, and transactions of:
Insurance producers, surplus lines brokers, general agents, adjusters, public adjusters, and advisers Anyone who has the exclusive or dominant right to manage or control an insurer Anyone holding enough shares of voting stock or policyholder proxies to control a domestic insurer Anyone who is engaged in helping promote or form a domestic insurer, an insurance holding corporation, or a corporation to finance a domestic insurer
The examinee must:
Provide and make freely available all records, documents, files, accounts, and information related to the examination Pay the examination expenses, including the expense of an actuary, accountant, or other expert who is not otherwise a part of the Commissioner's staff, if the expert is necessary to conduct the examination Receive a copy of the examination report at least 30 days before it is filed with the Commissioner's office
The Commissioner must conduct an examination of domestic and foreign insurers at
their home office.
The Commissioner may, instead of examining a foreign or alien insurer, accept its most recent certified report from another
state's supervisory insurance official
Within the 30-day period before filing, the examinee may request, in writing,
a hearing on its examination report
An alien insurer's examination may be limited to its
affairs and transactions in the United States
Such a request delays the report's filing until
after the hearing
The Commissioner must examine the transactions, accounts, records, and assets of each insurer (including management companies and subsidiaries), rating organization, and HMO when it applies for a
certificate of authority and as often as deemed necessary thereafter
The Commissioner, as often as advisable, may examine the accounts, records, documents, and transactions of: Anyone holding enough shares of voting stock or policyholder proxies to
control a domestic insurer
The Commissioner, as often as advisable, may examine the accounts, records, documents, and transactions of: Anyone who is engaged in helping promote or form a
domestic insurer, an insurance holding corporation, or a corporation to finance a domestic insurer
The Commissioner, as often as advisable, may examine the accounts, records, documents, and transactions of: Insurance producers, surplus lines brokers,
general agents, adjusters, public adjusters, and advisers
The Commissioner, as often as advisable, may examine the accounts, records, documents, and transactions of: Anyone who has the exclusive or dominant right to
manage or control an insurer
The Commissioner must conduct an examination of a person other than an insurer, HMO, or private review agent at that person's
place of business or any place where the person's records are kept.
The examinee must: Provide and make freely available all
records, documents, files, accounts, and information related to the examination