Gerald C. Mann Abarwrr~ 11. TEXAS 

Hon. 0. P. Lockhart 

Chairman 

Opinion No. O-3932 

Board of Insurance Commissioners Re: Examiner of Insurance 

Austin, Texas Department may be 

Attention: 

required to give tesMr. Homer Sanderford, timony. 

Supervising Examiner 

Dear Sir: 

Your request for an opinion of this department reads: 

“The Receiver in the captioned case has petitioned the Chairman of the Board of Insurance 

Commissioners to allow Mr. A. E. Burns, who conducted 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 referred to herein. 

“In this connection our attention is directed 

to Article 4690c, Title 7 t; R.C.S 

entitled ‘Oath and Bond of’Exami&~s 

1925 which is 

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 

4 

by authority of an order 

of the judge of such court, agains 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. 

things, that: 

Hi5 bond and oath is conditioned, among other 

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 % my deposition,, 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 exsminer 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 GENERAL OFTRXAS 

By /s\ Lloyd plrmstrong 

.Lloya Armstrong, Assistant 

APPROVE cm 16, 1941 

/s/ Grover Sellers 

FIRSI! ASSISTANT ATTORREY GENFZUL 

APPROVED: i33IO~~NC~TTER 

BY: * 

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