Bill Text: NY A04821 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the insurance law, in relation to disclosure of correspondence, memoranda and other documents arising out of an examination, investigation or inquiry

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to insurance [A04821 Detail]

Download: New_York-2009-A04821-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4821
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       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:
    1    Section  1. The insurance law is amended by adding a new section 311-a
    2  to read as follows:
    3    S 311-A. DISCLOSURE  OF  EXAMINATION  DOCUMENTS.  ALL  CORRESPONDENCE,
    4  MEMORANDA  AND  OTHER DOCUMENTS CONCERNING OR ARISING OUT OF AN EXAMINA-
    5  TION, INVESTIGATION OR INQUIRY, INCLUDING ANY DULY AUTHENTICATED COPY OR
    6  COPIES  THEREOF  IN  THE  POSSESSION  OF  ANY  INSURER  SUBJECT  TO  THE
    7  PROVISIONS OF THIS CHAPTER OR ANY SUBSIDIARY, PARENT OR AFFILIATE THERE-
    8  OF,  SHALL  BE  CONFIDENTIAL;  SHALL  NOT BE SUBJECT TO DISCLOSURE UNDER
    9  ARTICLE SIX OF THE PUBLIC OFFICERS LAW; SHALL NOT BE SUBJECT TO  SUBPOE-
   10  NA, EXCEPT AS SET FORTH IN SUBSECTION (D) OF SECTION THREE HUNDRED ELEV-
   11  EN  OF THIS ARTICLE; AND SHALL NOT BE MADE PUBLIC UNLESS THE SUPERINTEN-
   12  DENT DEEMS PUBLICATION TO BE  IN  THE  INTEREST  OF  THE  POLICYHOLDERS,
   13  SHAREHOLDERS  FOR  THE  PUBLIC,  IN  WHICH  EVENT THE SUPERINTENDENT MAY
   14  PUBLISH ANY SUCH  CORRESPONDENCE,  MEMORANDA  OR  OTHER  DOCUMENTS,  ANY
   15  EXCERPT  THEREFROM,  OR  A  SUMMARY THEREOF, IN A MANNER THAT THE SUPER-
   16  INTENDENT DEEMS PROPER, OR AS OTHERWISE PROVIDED IN THIS CHAPTER.
   17    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