§6455. Authorized control level event
1.
Authorized control level event; defined.
"Authorized control level event" means any of the following events:
A.
The filing of a risk-based capital report by the insurer that indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level risk-based capital but less than its authorized control level risk-based capital;
[PL 1993, c. 634, Pt. A, §1 (NEW).]
B.
Provided the insurer does not challenge the adjusted risk-based capital report under section 6457, the notification by the superintendent to the insurer of an adjusted risk-based capital report that indicates the event in paragraph A;
[PL 1993, c. 634, Pt. A, §1 (NEW).]
C.
If the insurer, under section 6457, challenges an adjusted risk-based capital report that indicates the event in paragraph A, the notification by the superintendent to the insurer that the superintendent has, after a hearing, rejected the insurer's challenge;
[PL 1993, c. 634, Pt. A, §1 (NEW).]
D.
Provided the insurer has not challenged the corrective order under section 6457, the failure of the insurer to respond, in a manner satisfactory to the superintendent, to a corrective order; or
[PL 1993, c. 634, Pt. A, §1 (NEW).]
E.
If the insurer has challenged a corrective order under section 6457 and the superintendent has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the superintendent, to the corrective order subsequent to rejection or modification by the superintendent.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
[PL 1993, c. 634, Pt. A, §1 (NEW).]
2.
Superintendent duties; authorized control level event.
When an authorized control level event occurs, the superintendent shall:
A.
Take those actions that are required under section 6454 regarding an insurer with respect to which a regulatory action level event has occurred; or
[PL 1993, c. 634, Pt. A, §1 (NEW).]
B.
If the superintendent considers it to be in the best interests of the policyholders and creditors of the insurer and of the public, take those actions that are necessary to cause the insurer to be placed under regulatory control under chapter 57. If the commissioner takes those actions, the authorized control level event is deemed sufficient grounds for the superintendent to take action under chapter 57, and the superintendent has the rights, powers and duties with respect to the insurer as are set forth in chapter 57. If the superintendent takes actions under this paragraph pursuant to an adjusted risk-based capital report, the insurer is entitled to those protections that are afforded to insurers under the provisions of chapter 57, subchapter II pertaining to summary proceedings.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
[PL 1993, c. 634, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 634, §A1 (NEW).