§ 23-63-1307 - Mandatory Control Level Event.
23-63-1307. Mandatory Control Level Event.
A. "Mandatory Control Level Event" means any of the following events:
(1) The filing of an RBC Report which indicates that the insurer's Total Adjusted Capital is less than its Mandatory Control Level RBC;
(2) Notification by the Insurance Commissioner to the insurer of an Adjusted RBC Report that indicates the event in paragraph (1), provided the insurer does not challenge the Adjusted RBC Report under 23-63-1308; or
(3) If, pursuant to 23-63-1308, the insurer challenges an Adjusted RBC Report that indicates the event in paragraph (1), notification by the commissioner to the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
B. In the event of a Mandatory Control Level Event:
(1) With respect to a life insurer, the commissioner shall take such actions as are necessary to place the insurer under regulatory control pursuant to 23-68-101 et seq. In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the commissioner to take action under 23-68-101 et seq., and the commissioner shall have the rights, powers and duties with respect to the insurer as are set forth in 23-68-101 et seq. If the commissioner takes action pursuant to an Adjusted RBC Report, the insurer shall be entitled to the protections of 23-68-101 et seq. pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to ninety (90) days after the Mandatory Control Level Event if the commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the ninety (90) day period.
(2) With respect to a property and casualty insurer, the commissioner shall take such actions as are necessary to place the insurer under regulatory control pursuant to 23-68-101 et seq., 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 23-68-101 et seq., and the commissioner shall have the rights, powers and duties with respect to the insurer as are set forth in 23-68-101 et seq. If the commissioner takes action pursuant to an Adjusted RBC Report, the insurer shall be entitled to the protections of 23-68-101 et seq. pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to ninety (90) days after the Mandatory Control Level Event if the commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the ninety (90) day period.