Untitled Texas Attorney General Opinion ( 1941 )

Gerald C. Mann Abarwrr~ 11. TEXAS
Hon. 0. P. Lockhart Opinion No. O-3932
Chairman
Board of Insurance Commissioners Re: Examiner of Insurance
Austin, Texas Department may be
required to give tes-
Attention: Mr. Homer Sanderford, timony.
Supervising Examiner
Dear Sir:
Your request for an opinion of this department reads:
“The Receiver in the captioned case has peti-
tioned the Chairman of the Board of Insurance
Commissioners to allow Mr. A. E. Burns, who con-
ducted an examination of the Republic Underwriters
in 1938 to give a deposition for use in connection
with the suit pending or to be filed in the courts
to enforce collections of assessments made upon the
Exchange’s former subscribers.
“1. Please advise this Department if the
Chairman of the Board of Insurance Commissioners
would be permitted to authorize Mr. Burns to give
a deposition in this case.
“2.Your ,opinion is also sought in connection
with the question of the Receiver(s legal right to
require a deposition of Mr. Burns in the case re-
ferred to herein.
“In this connection our attention is directed
to Article 4690c, Title 7t; R.C.S 1925 which is
entitled ‘Oath and Bond of’Exami&~s and Assistants.’
Inasmuch as the Receiver proposes to take Mr. Burn’s
deposition on September 9 provided he may legally
do so, your special atte&on to this request will
be appreciated.”
The captioned case referred to in the first paragraph
of your request is Cause No. 59,771, styled State of Texas v.
Republic Underwriters, et al, pending on the docket of the 126th
District Court. We have ascertained that the receiver in such
.__.
Hon. 0. P. Leckhart, page 2 (O-3932)
cause has filed an assessment suit by authority of an order
of the judge of such court, agains 4 the subscribers of the
underwriters, the.,sams being Cause Nor 65,369 on the docket
of the 98th District Court. It is in this latter case that
the depesition of Mr'. Burns is desired.
Article &6$&z of the Revised Civil Statutes of Texas
provides for the o,ath and bond of an examiner of the Insurance
Department. Hi5 bond and oath is conditioned, among other
things, that:
II He will not reveal the condition of,
nor E& ~&&rmatlon secured in the course of any
examination of any corporation, firm or person
examined by him, to anycne except the members of
the Bear&of Insurance Commis
thorlzed representatives
s*w (Unders
The statute is clear and unambigucus, thus requiring
no construction. The examiner may be required to testify in
court a& ta reveal his rior findings. It is i,mmateri~&l.that
his tt&&acny is 5ought % mydeposition,, as the Legi~slature has
seen fit to provide that testimony may be taken by depo5ltion
and use& in lien of ,cral testimony in court.
Answering your questions ~speciflcally, the Chairman
of the Board of Insurance Commissioners may authorize the exsm-
iner to give his deposition in the case here dealt with. If
such is refused, the receiver may proceed under the pertinent
statutes to require the witness to testify.
Yours very truly
ATTORNEY GENERALOFTRXAS
By /s\ Lloyd plrmstrong
.Lloya Armstrong, Assistant
APPROVEcm 16, 1941
/s/ Grover Sellers
FIRSI! ASSISTANTATTORREYGENFZUL
APPROVED:i33IO~~NC~TTER
BY: *
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