40-2c18. Same; commissioner's actions. In the event of a mandatory control level event with respect to: (a) A life and health insurer, the commissioner shall take actions as are necessary to cause the insurer to be placed under regulatory control under K.S.A. 40-3605 et seq., and amendments thereto. In that event, the mandatory control level event shall be deemed sufficient grounds for the commissioner to take action under K.S.A. 40-3605 et seq., and amendments thereto, and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in K.S.A. 40-3605 et seq., and amendments thereto. In the event the commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of K.S.A. 77-601 et seq., and amendments thereto, pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to 90 days after the mandatory control level event if there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period;
(b) A property and casualty insurer, the commissioner shall take such actions as are necessary to place the insurer under regulatory control under K.S.A. 40-3605 et seq., and amendments thereto, or, in the case of an insurer which is writing no business and which is running-off its existing business, may allow the insurer to continue its run-off under the supervision of the commissioner. In either event, the mandatory control level event shall be deemed sufficient grounds for the commissioner to take action under K.S.A. 40-3605 et seq., and amendments thereto and the commissioner shall have the rights, powers and duties with respect to the insurer as are set forth in K.S.A. 40-3605 et seq., and amendments thereto. If the commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of K.S.A. 77-601 et seq., and amendments thereto, pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to 90 days after the mandatory control level event if there is a reasonable expectation that the mandatory control level event may be eliminated with the 90-day period.
History: L. 1994, ch. 138, § 18; L. 1996, ch. 134, § 7; July 1.
Structure Kansas Statutes
Article 2c - Risk-based Capital Requirements
40-2c01 Risk-based capital requirements; definitions.
40-2c02 Risk-based capital report.
40-2c03 Determination of risk-based capital.
40-2c04 Risk-based capital report; adjustment.
40-2c05 Company action level event; defined.
40-2c06 Submission of RBC plan.
40-2c07 Risk-based capital plan; submission.
40-2c08 Same; notification by commissioner.
40-2c09 Same; notification a regulatory action level event.
40-2c10 Domestic insurer to file RBC plan in any state authorized to do business.
40-2c11 Regulatory action level event; defined.
40-2c12 Same; commissioner's duties in regulatory action level event.
40-2c13 Corrective actions; submission of RBC plans, when.
40-2c14 Review of RBC plans; expenses.
40-2c15 Authorized control level event; defined.
40-2c16 Same; commissioner's duties in authorized control level event.
40-2c17 Mandatory control event; defined.
40-2c18 Same; commissioner's actions.
40-2c19 Hearing under Kansas administrative procedure act.
40-2c21 Comparison of insurer's total adjusted capital to RBC levels, prohibited generally.
40-2c22 Provisions of act supplemental to other provisions of law.
40-2c23 Foreign insurer RBC report, when.
40-2c24 Commissioner may require foreign insurer to file RBC plan, when.
40-2c25 Mandatory control level event; foreign insurer; liquidation of property.
40-2c26 Notices by commissioner; effective, when.