Sec. 29. As used in this chapter, "company action level event" means any of the following events:
(1) The filing of an RBC report by an insurer that indicates that:
(A) the insurer's total adjusted capital is:
(i) greater than or equal to its regulatory action level RBC; but
(ii) less than its company action level RBC;
(B) if a life insurer or a fraternal benefit society, the insurer:
(i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
(ii) has a negative trend;
(C) if a property and casualty insurer, the insurer:
(i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
(ii) has a negative trend; or
(D) if a health insurer, the insurer:
(i) has a total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
(ii) has a negative trend.
(2) The notification by the commissioner to the insurer of an adjusted RBC report that indicates that:
(A) the insurer's total adjusted capital is:
(i) greater than or equal to its regulatory action level RBC; but
(ii) less than its company action level RBC;
(B) if a life insurer or a fraternal benefit society, the insurer:
(i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
(ii) has a negative trend;
(C) if a property and casualty insurer, the insurer:
(i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
(ii) has a negative trend; or
(D) if a health insurer, the insurer:
(i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
(ii) has a negative trend;
unless the insurer challenges the adjusted RBC report under section 44 of this chapter.
(3) The notification by the commissioner to the insurer that the commissioner has, after a hearing under section 44 of this chapter, rejected the insurer's challenge to an adjusted RBC report described in subdivision (2).
As added by P.L.186-1996, SEC.1. Amended by P.L.11-2011, SEC.23; P.L.81-2012, SEC.19; P.L.276-2013, SEC.26.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 36. Risk Based Capital Requirements
27-1-36-1. Exemption From Applicability of Chapter
27-1-36-2. "Adjusted Rbc Report"
27-1-36-3. "Authorized Control Level Event"
27-1-36-4. "Authorized Control Level Rbc"
27-1-36-5. "Company Action Level Event"
27-1-36-6. "Company Action Level Rbc"
27-1-36-9.2. "Fraternal Benefit Society"
27-1-36-9.4. "Health Maintenance Organization"
27-1-36-9.8. "Limited Service Health Maintenance Organization"
27-1-36-11. "Mandatory Control Level Event"
27-1-36-12. "Mandatory Control Level Rbc"
27-1-36-15. "Property and Casualty Insurer"
27-1-36-21. "Regulatory Action Level Event"
27-1-36-22. "Regulatory Action Level Rbc"
27-1-36-23. "Revised Rbc Plan"
27-1-36-24. "Total Adjusted Capital"
27-1-36-25. Rbc Report; Requirements; Filing
27-1-36-26. Life Insurer's and Fraternal Benefit Society's Rbc; Formula
27-1-36-26.1. Health Insurer's Rbc; Formula
27-1-36-27. Property and Casualty Insurer's Rbc; Formula
27-1-36-28. Inaccuracy of Rbc Report Filed by Domestic Insurer
27-1-36-29. "Company Action Level Event"
27-1-36-30. Preparation and Submission of Rbc Plan After Company Action Level Event
27-1-36-31. Timing for Submission of Rbc Plan After Company Action Level Event
27-1-36-32. Rbc Plan; Notice by Commissioner; Revised Rbc Plan
27-1-36-33. Notification by Commissioner as Regulatory Action Level Event
27-1-36-34. Filing Rbc Plan With Commissioner of State Other Than Indiana
27-1-36-35. "Regulatory Action Level Event"
27-1-36-36. Action by Commissioner After Regulatory Action Level Event
27-1-36-38. Consultants to Commissioner
27-1-36-39. "Authorized Control Level Event"
27-1-36-40. Action by Commissioner After Authorized Control Level Event
27-1-36-41. "Mandatory Control Level Event"
27-1-36-44. Confidential Department Hearing
27-1-36-45. Confidential Information
27-1-36-46. Comparison of Insurer's Total Adjusted Capital to Rbc Levels
27-1-36-47. Use of Documents Referred to in Chapter
27-1-36-48. Chapter Supplements Other Indiana Law
27-1-36-49. Submission of Rbc Report by Foreign Insurer
27-1-36-50. Filing of Rbc Plan by Foreign Insurer
27-1-36-51. Liquidation of Property of Foreign Insurer
27-1-36-53. Immunity From Liability