§ 4406. Examinations; publication. (a) All reports and copies of reports of examinations and investigations of any employee welfare fund, shall be confidential communications, shall not be subject to subpoena and shall not be made public unless, in the judgment of the superintendent, the ends of justice and the public advantage will be served by the publication thereof, in which event he may publish a copy of any such report or any part thereof in such manner as he may deem proper.

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Terms Used In N.Y. Insurance Law 4406

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Subpoena: A command to a witness to appear and give testimony.

(b) In any action or proceeding against the trustees of any fund, or against its other officers, agents, or employees, such report, or any part thereof, if published by the superintendent, shall be admissible in evidence and shall be presumptive evidence of the facts stated therein.

(c) The superintendent may assemble and file for public inspection such information covering:

(1) forms of trust indentures in use;

(2) commission and fee schedules adopted by insurers;

(3) compensation paid to trustees of employee welfare funds; and

(4) such other matters affecting the establishment and administration of such funds as, in his opinion, are in the public interest.