HRS §431:3-413
Phase-in rules for early risk-based capital reports
This section sets temporary rules for the first risk-based capital reports that life, health, and property/casualty insurers had to file. It tells the insurance commissioner what actions to take for different levels of financial trouble during those early years. The rules are only for those specific report years.
state agencies
The statute, as written — 31:3-413 Phase-in provision
(a) For risk-based capital reports required to be filed by life or health insurers with respect to 1994, the following requirements shall apply in lieu of sections 431:3-403, 431:3-404, 431:3-405, and 431:3-406: (1) In the event of a company action level event with respect to a domestic insurer, the commissioner shall take no regulatory action hereunder; (2) In the event of a regulatory action level event under section 431:3-404(a)(1), (2), or (3), the commissioner shall take the actions required under section 431:3-403; (3) In the event of a regulatory action level event under section 431:3-404(a)(4), (5), (6), (7), (8), or (9), or an authorized control level event, the commissioner shall take the actions required under section 431:3-404 with respect to the insurer; and (4) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under section 431:3-405 with respect to the insurer. (b) For risk-based capital reports required to be filed by property and casualty insurers with respect to 1997, the following requirements shall apply in lieu of sections 431:3-403, 431:3-404, 431:3-405, and 431:3-406: (1) In the event of a company action level event with respect to a domestic insurer, the commissioner shall take no regulatory action hereunder; (2) In the event of a regulatory action level event under section 431:3-404(a)(1), (2), or (3), the commissioner shall take the actions required under section 431:3‑403; (3) In the event of a regulatory action level event under section 431:3-404(a)(4), (5), (6), (7), (8), or (9), or an authorized control level event, the commissioner shall take the actions required under section 431:3-404 with respect to the insurer; and (4) In the event of a mandatory control level event with respect to an insurer, the commissioner shall take the actions required under section 431:3-405 with respect to the insurer.
Sections this one refers to
§431:3-403 When an insurer must file a financial recovery plan
§431:3-404 When insurance regulators step in due to low capital
§431:3-405 When an insurer hits the authorized control level
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.