§431:15-106 Cooperation of officers and employees. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner or the receiver in any proceeding under this article or any investigation preliminary to the proceeding.

(b) No person shall obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental to the proceeding.

(c) This section does not make it illegal to resist by legal proceedings the petition for liquidation or other delinquency proceedings, or other orders.

(d) Any person included within subsection (a) who fails to cooperate with the commissioner, or any person who obstructs or interferes with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental to the proceeding, or who violates any order the commissioner issued validly under this article may:

(1) Be sentenced to pay a fine not exceeding $10,000 or to be imprisoned for a term of not more than one year, or both; or

(2) After a hearing, be subject to the imposition by the commissioner, of a civil penalty not to exceed $10,000 and shall be subject to the revocation or suspension of any insurance licenses issued by the commissioner.

(e) As used in this section:

"Cooperate" includes but is not limited to the following:

(1) To reply promptly in writing to any inquiry from the commissioner or the receiver requesting a reply; and

(2) To make available and deliver to the commissioner or receiver any books, accounts, documents, or other records, or information or property of or pertaining to the insurer and in its possession, custody, or control.

"Person" includes any person who exercises control directly or indirectly over activities of an insurer through any holding company or other affiliate of the insurer. [L 1987, c 347, pt of §2; am L 2019, c 111, §23]