(1) When the Commissioner, acting as liquidator of an insolvent insurer, deems that the records, documents and books of an insurer undergoing the process of liquidation or finally liquidated, are of no use whatsoever, he/she may recommend to the court and the court shall determine which records, documents and books shall be retained for future use and which shall be destroyed.
(2) If the liquidator determines that certain documents, records, and books of the insurer under a liquidation proceeding should be maintained after the closing of the liquidation, an amount of the estate of the insurer shall be reserved for the maintenance thereof. The amount reserved shall be deemed to be an administrative expense of the estate. The records, documents, and books retained pursuant to this section shall be transferred to the Commissioner, who shall retain and dispose of the same at his/her discretion. These records, documents, and books shall not be deemed to be official documents of the Office of the Insurance Commissioner, [for which reason] they shall not be subject to applicable laws regarding public documents.
History —Ins. Code, added as § 40.440 on Aug. 17, 1991, No. 72, § 1; Dec. 14, 2007, No. 206, § 42.