Sec. 5.1. (a) The commissioner may participate in a supervisory college for a domestic insurer that is part of an insurance holding company system that has international operations, and any affiliate of the insurer, to do the following:
(1) Determine whether the insurer or affiliate is in compliance with this chapter.
(2) Assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes that apply to the insurer or affiliate.
(3) Examine the insurer or affiliate.
(b) The powers of the commissioner under subsection (a) include the following:
(1) Initiation of the establishment of the supervisory college.
(2) Clarification of the membership and participation of other supervisors in the supervisory college.
(3) Clarification of the functions of the supervisory college and the role of other regulators, including the establishment of a group wide supervisor.
(4) Coordination of the activities of the supervisory college, including planning meetings, supervisory activities, and information sharing procedures.
(5) Establishment of a crisis management plan.
(c) An insurer that is described in subsection (a) shall pay the commissioner's reasonable expenses of participation in a supervisory college, including travel expenses. The commissioner may establish a regular assessment to the insurer for payment of the expenses.
(d) The commissioner may enter into agreements in accordance with the requirements that apply to an agreement entered into with the NAIC under section 6 of this chapter to specify the activities of the commissioner and other regulators participating in the supervisory college.
(e) This section does not delegate to a supervisory college a commissioner's authority to regulate or supervise the insurer described in subsection (a) or the insurer's affiliates within the commissioner's jurisdiction.
As added by P.L.81-2012, SEC.17. Amended by P.L.72-2016, SEC.13.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 23. Regulation of Insurance Holding Company Systems
27-1-23-1.5. Dividend Payments; Notice; Content
27-1-23-2.6. Primary and Subsidiary Companies
27-1-23-5. Examination of Registered Insurer Records; Liability for Expenses; Noncompliance
27-1-23-5.1. Supervisory College
27-1-23-5.3. Internationally Active Insurance Group; Group Wide Supervisor
27-1-23-6. Confidential and Privileged Information; Sharing of Information; Requirements
27-1-23-8. Enjoining Violations; Seizure or Sequestration of Securities
27-1-23-8.1. Violations; Penalties
27-1-23-10. Seizure of Property of Domestic Insurer
27-1-23-10.5. Receiver's Right to Recover Upon Liquidation or Rehabilitation
27-1-23-11. Denial, Suspension, or Revocation of License or Authority to Do Business
27-1-23-12. Review of Actions of Commissioner; Stay; Mandamus