Section 376.1082

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 28 Aug 1993   

  376.1082.  Records maintained by administrator for insurer — director may examine records — records owned by insurer, transfer allowed, when. — 1.  Every administrator shall maintain and make available to the insurer complete books and records of all transactions performed on behalf of the insurer.  The books and records shall be maintained in accordance with prudent standards of insurance record keeping and shall be maintained for a period of not less than five years from the date of their creation.

  2.  The director shall have access to books and records maintained by an administrator for the purposes of examination, audit and inspection.  Any trade secrets contained in such books and records, including the identity and addresses of policyholders and certificate holders, shall be kept confidential, except that the director may use such information in any proceeding instituted against the administrator.  Examinations shall be conducted pursuant to sections 374.160, 374.162, 374.190, 374.202 to 374.207 and 374.220.

  3.  The insurer shall own the records generated by the administrator pertaining to the insurer; however, the administrator shall retain the right to continuing access to books and records to permit the administrator to fulfill all of its contractual obligations to insured parties, claimants, and the insurer.

  4.  In the event the insurer and the administrator cancel their agreement, notwithstanding the provisions of subsection 1 of this section, the administrator may, by written agreement with the insurer, transfer all records to a new administrator rather than retain them for five years.  In such cases, the new administrator shall acknowledge, in writing, that he is responsible for retaining the records of the prior administrator as required in subsection 1 of this section.

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(L. 1993 H.B. 709 § 44)