Sec. 39. As used in this chapter, “authorized control level event” means any of the following events:

(1) The filing of an RBC report by an insurer that indicates that the insurer’s total adjusted capital is:

Terms Used In Indiana Code 27-1-36-39

  • adjusted RBC report: means an RBC report that has been adjusted by the commissioner under section 28 of this chapter. See Indiana Code 27-1-36-2
  • authorized control level RBC: means , with respect to an insurer, the number determined under the risk-based capital formula in accordance with the RBC Instructions. See Indiana Code 27-1-36-4
  • capital: means the aggregate amount paid in on the shares of capital stock of a corporation issued and outstanding. See Indiana Code 27-1-2-3
  • Commissioner: means the "insurance commissioner" of this state. See Indiana Code 27-1-2-3
  • corrective order: means an order issued by the commissioner that specifies the corrective actions that the commissioner determines are required. See Indiana Code 27-1-36-7
  • insurer: includes :

    Indiana Code 27-1-36-9.6

  • mandatory control level RBC: means , with respect to an insurer, the product of seven-tenths (. See Indiana Code 27-1-36-12
  • RBC: refers to risk based capital. See Indiana Code 27-1-36-16
  • RBC report: means the report required by section 25 of this chapter. See Indiana Code 27-1-36-20
  • total adjusted capital: means the sum of:

    Indiana Code 27-1-36-24

(A) greater than or equal to its mandatory control level RBC; but

(B) less than its authorized control level RBC.

(2) The notification by the commissioner to the insurer of an adjusted RBC report that indicates that the insurer’s total adjusted capital is:

(A) greater than or equal to its mandatory control level RBC; but

(B) less than its authorized control level RBC;

unless the insurer challenges the adjusted RBC report under section 44 of this chapter.

(3) 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.

(4) The failure of the insurer to respond, in a manner satisfactory to the commissioner, to a corrective order, unless the insurer has challenged the corrective order under section 44 of this chapter.

(5) The failure of the insurer to respond, in a manner satisfactory to the commissioner, to a corrective order if, after a challenge and a hearing under section 44 of this chapter, the commissioner has:

(A) rejected the challenge; or

(B) modified the corrective order.

As added by P.L.186-1996, SEC.1.