1.
a.The group capital calculation and all supporting documentation filed pursuant
to section 521A.4, subsection 13, and the liquidity stress test results and all supporting
documentation filed pursuant to section 521A.4, subsection 14, shall be designated as
regulatory tools utilized for the purpose of assessing group risks, and capital adequacy and
group liquidity risks, respectively, and shall not be construed as a means to rank insurers or
insurance holding company systems.
b.Except as otherwise required under this chapter, an insurer, broker, or other person
engaged in the business of insurance shall be prohibited from making an announcement to
the public. For purposes of this subsection, “announcement to the public” means the use,
directly or indirectly, of any print media, broadca
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1. a. The group capital calculation and all supporting documentation filed pursuant
to section 521A.4, subsection 13, and the liquidity stress test results and all supporting
documentation filed pursuant to section 521A.4, subsection 14, shall be designated as
regulatory tools utilized for the purpose of assessing group risks, and capital adequacy and
group liquidity risks, respectively, and shall not be construed as a means to rank insurers or
insurance holding company systems.
b. Except as otherwise required under this chapter, an insurer, broker, or other person
engaged in the business of insurance shall be prohibited from making an announcement to
the public. For purposes of this subsection, “announcement to the public” means the use,
directly or indirectly, of any print media, broadcast media, electronic media, subscription
internetsite, internetsiteavailabletothepublic, oranyothermeanstomakearepresentation
or statement related to any of the following:
(1) (a) An insurer’s or an insurer group’s filings made under section 521A.4, subsection
13, including a group capital calculation and any supporting documentation.
(b) Any component derived from an insurer’s or an insurer group’s group capital
calculation or supporting documentation filed under subparagraph division (a).
(c) Any comparison of an insurer’s or an insurer group’s group capital calculation, group
capital ratio, or other metric calculated or derived from the insurer’s or insurer group’s filings
under subparagraph division (a).
(2) (a) An insurer’s or an insurer group’s filings made under section 521A.4, subsection
14, including the result of the liquidity stress test and any supporting documentation.
(b) Any component derived from the results of an insurer’s or an insurer group’s group
liquidity stress test or supporting documentation filed under subparagraph division (a).
(c) Any comparison of an insurer’s or an insurer group’s liquidity stress test or other
metric calculated or derived from the insurer’s or insurer group’s filings under subparagraph
division (a).
2. If an insurer or an insurer group is able to demonstrate to the commissioner with
substantial proof the material falsity or inappropriateness of an announcement made to the
public under subsection 1, paragraph “b”, by an insurer, broker, or other person engaged in
the business of insurance, the insurer or insurer group may publish an announcement in a
written publication if the sole purpose of the announcement is to rebut the materially false
21 INSURANCE HOLDING COMPANY SYSTEMS, §521A.10
or inappropriate announcement made to the public by the insurer, broker, or other person
engaged in the business of insurance.