Pub. L. 93-89, tit. I, sec. 112

Sec. 112. (a) To aid in the detection and prevention of insurer insolvencies— (1) it shall be. the duty of the Board, upon majority vote, to notify the ‘Commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public; and (2) the Board may, upon majority vote, request that the Commissioner order an examination of any member insurer which the Board in good faith believes may be in a financial condition hazardous to the policy holders or the public. (b) An examination may be conducted, under this section, as a National Association of Insurance Commissioner examination or may be conducted by such person as the Commissioner designates. The cost, of such examination shall be paid by the Association and the examine-87 Stat. 302tion report shall be treated as are other examination reports. In no event shall such examination report be released to the Board prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (c) of this section. The Commissioner shall notify the Board 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. (c) It shall be the duty of the Commissioner to report to the Board when he has reasonable cause to believe that any member insurer examined or being examined at the request of the Board may be insolvent or in a financial condition hazardous to the policyholders or the public. (d) The Board 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. Such reports and recommendations shall not be considered public documents. (e) The Board may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. (f) The Board shall, at the conclusion of any insurer insolvency in which the Association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the Association, and submit such report to the Commissioner.