(a)Every domestic insurer shall, annually on or prior to
March 1, prepare and submit to the commissioner a report of its
RBC levels as of the end of the calendar year just ended, in a
form and containing information as required by the RBC
instructions. In addition, every domestic insurer shall file its
RBC report:
(i)With the NAIC in accordance with the RBC
instructions; and
(ii)With the insurance commissioner in any state in
which the insurer is authorized to do business, if the insurance
commissioner has notified the insurer of its request in writing,
in which case the insurer shall file its RBC report not later
than the later of:
(A)Fifteen (15) days from the receipt of
notice to file its RBC report with that state; or
(B)The filing date specified in subsection (a)
of this section.
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(a) Every domestic insurer shall, annually on or prior to
March 1, prepare and submit to the commissioner a report of its
RBC levels as of the end of the calendar year just ended, in a
form and containing information as required by the RBC
instructions. In addition, every domestic insurer shall file its
RBC report:
(i) With the NAIC in accordance with the RBC
instructions; and
(ii) With the insurance commissioner in any state in
which the insurer is authorized to do business, if the insurance
commissioner has notified the insurer of its request in writing,
in which case the insurer shall file its RBC report not later
than the later of:
(A) Fifteen (15) days from the receipt of
notice to file its RBC report with that state; or
(B) The filing date specified in subsection (a)
of this section.
(b) A life or disability insurer's RBC shall be determined
in accordance with the formula set forth in the RBC instructions
and this article. The formula shall take into account, and may
adjust for the covariance between the following which are
determined in each case by applying the factors in the manner
set forth in the RBC instructions:
(i) The risk with respect to the insurer's assets;
(ii) The risk of adverse insurance experience with
respect to the insurer's liabilities and obligations;
(iii) The interest rate risk with respect to the
insurer's business; and
(iv) All other business risks and other relevant
risks as set forth in the RBC instructions.
(c) A property and casualty insurer's RBC shall be
determined in accordance with the formula set forth in the RBC
instructions and this article. The formula shall take into
account, and may adjust for the covariance between the following
which are determined in each case by applying the factors in the
manner set forth in the RBC instructions:
(i) Asset risk;
(ii) Credit risk;
(iii) Underwriting risk; and
(iv) All other business risks and such other relevant
risks as are set forth in the RBC instructions.
(d) If a domestic insurer files an RBC report which in the
judgment of the commissioner is inaccurate, the commissioner
shall adjust the RBC report to correct the inaccuracy and shall
notify the insurer of the adjustment. The notice shall contain
a statement of the reason for the adjustment. A RBC report as
so adjusted is referred to as an "adjusted RBC report."