Section 38-13-40 - Examiners not to be appointed if conflict of interest exists; exceptions(A) No examiner may be appointed by the director if the examiner, directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in a person subject to examination under Section 38-13-10. This section does not preclude automatically an examiner from being: (1) a policyholder or claimant under an insurance policy;(2) a grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;(3) an investment owner in shares of regulated diversified investment companies; or(4) a settlor or beneficiary or a 'blind trust' into which otherwise impermissible holdings have been placed.(B) Notwithstanding the requirements of this section, the director may retain on an individual basis qualified actuaries, certified public accountants, or other similar individuals who are practicing their professions independently, even though the persons may be employed or retained similarly by persons subject to examination under Section 38-13-10.