Vermont § 8305 Authorized control level event

Vermont Statutes

§ 8305 — Authorized control level event

Vermont § 8305

Title 8Title 8: Banking and Insurance

Ch. 159Chapter 159: Risk-Based Capital for Insurers

This text of Vermont § 8305 (Authorized control level event) is published on Counsel Stack Legal Research, covering Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vt. Stat. Ann. tit. 8, § 8305 (2026).

Text

(a)The following are deemed to be authorized control level events and subject to the requirements of this section:

(1)A risk-based capital report or final adjusted risk-based capital report 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.

(2)The failure of the insurer to comply with a corrective order after it is no longer subject to appeal under section 8307 of this title.

(b)Upon the occurrence of an event described in subsection (a) of this section, the Commissioner shall take such actions as he or she deems necessary to protect policyholders and creditors of the insurer, including those actions permitted under section 8304 and chapter 145

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(a) The following are deemed to be authorized control level events and subject to the requirements of this section:
(1) A risk-based capital report or final adjusted risk-based capital report 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.
(2) The failure of the insurer to comply with a corrective order after it is no longer subject to appeal under section 8307 of this title.
(b) Upon the occurrence of an event described in subsection (a) of this section, the Commissioner shall take such actions as he or she deems necessary to protect policyholders and creditors of the insurer, including those actions permitted under section 8304 and chapter 145 of this title. In the event the Commissioner seeks an order under chapter 145 of this title, the authorized control level event shall be deemed sufficient grounds for the Commissioner’s order, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in that chapter. In the event the Commissioner takes actions under this subsection pursuant to an adjusted risk-based capital report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of section 7041 of this title pertaining to summary proceedings. (Added 1993, No. 235 (Adj. Sess.), § 8, eff. June 21, 1994.)