Sec. 38a-913a. Records of delinquent insurer. Use as evidence. Applicability of Freedom of Information Act. Costs of producing records.
Sec. 38a-913a. Records of delinquent insurer. Use as evidence. Applicability of
Freedom of Information Act. Costs of producing records. (a) All records or certified
copies thereof of any delinquent insurer which come into the possession of the receiver
and are held by the receiver in the course of the delinquency proceedings shall be received in evidence in all cases without proof of the correctness of such records and
without other proof, except the certificate of the receiver that such records were received
from the custody of the delinquent insurer or found among its property. For the purposes
of this section, "record" means books, records, documents and papers.
(b) The receiver shall have the authority to certify to the correctness of any record
of his office and to make certificates of the receiver certifying to any fact contained in
such records. Such records shall be received in evidence in all cases in which the original
would be evidence.
(c) Original records, or certified copies thereof, when offered by the receiver and
received in evidence shall be prima facie evidence of the facts disclosed.
(d) The appointment of the Insurance Commissioner as receiver shall not make
records of a delinquent insurer subject to disclosure under the Freedom of Information
Act, as defined in section 1-200. In the event a third party successfully pursues a records
request in the receivership court, the receiver shall be reimbursed for the reasonable
cost of producing such records.
(P.A. 98-214, S. 7.)