RE: Memorandum from Office of the Secretary of State
Dated October 10, 2001
Please be advised representatives of the Department of Insurance are having discussions with representatives in the Office of the Secretary of State regarding the above referenced memorandum and the issues raised therein. Please be advised at this time you should take no action regarding this memorandum until you receive further notice from the Office of the Secretary of State.
Regarding the positions taken in the Secretary of State's Memorandum, please be advised the Department was asked several months ago whether we were aware of any statutory authority contained in the Insurance Code that would preempt foreign insurers from filing with the Office of the Secretary of State. We advised we were not aware of any such preemption specifically in the Insurance Code. This was the extent of the Department’s involvement in this issue prior to the release of the memorandum.