Untitled Texas Attorney General Opinion ( 1946 )

I THEA~TORNEYGENERAL OF TEXAS Honorable J.P. Gibbs Comniissioner, Casualty Insurance Division Board of Insurance Commissioners Austin, Texas Dear Mr. Gibbs: Opinion No. O-7067 Re: May the Board of Insurance Com- missioners appoint an examiner to go out of the State to in- vestigate certain foreign com- panies which are licensed rating organizations and doing business in Texas; if so, would the exam- iner be llmltea to $4.00 per day maximum expense .’ Your letter, which reads as follows, has been given our consideration: “An occasion has arisen ih which It has become necessary for the Casualty Actuary and Title Director of the Casualty Insurance Department, to go in person to foreign states to consult with and examine Into the affairs of certain foreign companies and IicenaeU rating organizations, for rate making purposes. “In connection with this and any similar occa- sional situation which may arise, we desire your opinion upon the following questlonsr “I . May the Casualty Insurance Commissioner, Casualty Actuary or a Director of the Casualty Insurance Department lawfully make such trips, ex- aminatlons, consultations and Investigations? “2 . In the event of an affirmatlvs answer to Number 1, would aald Commlssloner, Aotuary and Director be llmlted to the $4.00 per day maxlnUm travel ex- pense allowed by the present Biennial Departmental Appropriation Bill (SB 317, Act 1945, 49th Leg.), 01” would said parties be entitled to charge actual OX- penses incident to the examlnatlons, consultations and investlgatlons? Han, J. P. Gibbs, page 2 0-7067 "For your convenience, we are attaching to this letter certain statutory provisions which we believe have a direct bearing on these questions," Under Article 4989 of the Revised Civil Statutes, three or more persons may organize a number of different kinds of casualty insurance companies. Article 4998 of the Revised Statutes provides that any casualty insurance company may be examined by the Board of Insurance Commissioners. Article 4690a of Vernon's Annotated Revised Statutes provides specifically that when examinations are made by ,the Board of Insurance Commissioners of domestic or foreign insur- ance corporations, said corporations are required to pay all expenses incident thereto, Article 4911 of the Revised Civil Statutes authorizes and empowers the Board of Insurance Commis- sioners to consult any rate-making bodies of other states for the purpose of assembling data for the making of compensation insurance rates. On July 28, 1942, we released our opinion No. o-4289, addressed to Honorable 0. P. Lockhart, Chairman, Board of Insur- ance Commissioners, in which we held that the examiner appointed to examine a foreign corporation which required him to make a trip outside the State could collect all of his expenses from said corporation and that after same had been deposited in the State Treasurg, a warrant should then be drawn payable to said examiner for all of the expense3 he incurred on said trip. We think said opinion applies to examination of casu- alty insurance companies and any and all Investigations made thereunder the same as it does for the examination of insurance companies. You are therefore advised that the Board of Insurance Commissioners may appoint someone to make these out of State trips and collect from the companies examined the actual expenses and that the Comptroller will be authorized, upon proper appli- cation, to pay the examiner his actual expenses which he collec- ted and which had been deposited with the State Treasurer as a result of such trip. Our reasons are stated in our Opinion No, o-4289, a copy of which is enclosed herewith. Hon. J. P. Gibbs, page 3, o-7067 Your0 very truly, ATTORNEYGENERALOF TEXAS s/ Geo. W. Barcus Geo. W. Barcus, Assistant. GWB:rt Enc. 1 APPROVEDFE3 6, 1946 a/ Carlos C. Ashley FIRST ASSISTANT ATTORNEYGENERAL APPROVEDOPINION COMMITTEE By WJF, Chairman