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accept an examination report on the licensee as prepared by | | the superintendent of insurance for the licensee's state of | | domicile or port-of-entry state. |
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| | | 2. Confidential information. Names and individual | identification data for all viators are confidential information | and may not be disclosed by the superintendent unless required by | law. |
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| | | 3. Records. Records of all viatical settlement transactions | must be maintained by the settlement provider licensee and, | subject to the provisions of section 6806, must be available to | the superintendent for 3 years after policy maturity for | inspection during reasonable business hours in accordance with | | this subsection. |
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| | | A.__A settlement provider required to be licensed by this | | chapter shall retain for 5 years copies of all: |
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| | | (1)__Proposed, offered or executed settlement | | contracts, settlement purchase agreements, underwriting | | documents, policy forms and applications from the date | | of the proposal, offer or execution of the settlement | | contract or settlement purchase agreement, whichever is | | later; |
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| | | (2)__Checks, drafts or other evidence and documentation | | related to the payment, transfer, deposit or release of | | funds from the date of the transaction; and |
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| | | (3)__Other records and documents related to the | | requirements of this chapter. |
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| | | B.__This subsection does not relieve a settlement provider | | licensee of the obligation to produce these documents to the | | superintendent after the retention period has expired if the | | person has retained the documents. |
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| | | C.__Subject to the provisions of section 6806, records | | required to be retained by this subsection must be legible | | and complete and may be retained in paper, photographic, | | microprocess, magnetic, mechanical or electronic media or by | | any process that accurately reproduces or forms a durable | | medium for the reproduction of a record. |
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| | | 4. Immunity. A licensee responding to an order of the | superintendent issued pursuant to this section is immune from any | civil action arising out of compliance with the order and is not | required to challenge the authority or validity of the order as a |
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