2007 Legislation
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HOUSE BILL NO. 88 – Insurer, property/casualty

HOUSE BILL NO. 88

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Bill Status



H0088...........................................................by BUSINESS
DEPARTMENT OF INSURANCE - Amends existing law relating to the Department of
Insurance to incorporate a new trend test for risk-based capital levels of
property and casualty insurers.

02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Bus
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 66-2-2
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wood(27), Mr. Speaker
      NAYS -- Barrett, Wood(35)
      Absent and excused -- Roberts, Wills
    Floor Sponsor - Crane
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Com/HuRes
03/16    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Cameron
    Title apvd - to House
03/23    To enrol - Rpt enrol - Sp signed - Pres signed
03/26    To Governor
03/30    Governor signed
         Session Law Chapter 277
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 88
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF INSURANCE; AMENDING SECTION 41-5403, IDAHO CODE,
  3        TO INCORPORATE A NEW TREND TEST FOR RISK-BASED CAPITAL LEVELS OF  PROPERTY
  4        AND CASUALTY INSURERS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 41-5403, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        41-5403.  COMPANY ACTION LEVEL EVENT. (1)  "Company  action  level  event"
  9    means any of the following events:
 10        (a)  The filing of an RBC report by an insurer which indicates that:
 11             (i)   The  insurer's  total adjusted capital is greater than or equal
 12             to its regulatory action level RBC but less than its  company  action
 13             level RBC; or
 14             (ii)  If a life and/or health insurer, the insurer has total adjusted
 15             capital  which  is  greater than or equal to its company action level
 16             RBC but less than the product of its authorized control level RBC and
 17             2.5 and has a negative trend; or
 18             (iii) If a property  or  casualty  insurer,  the  insurer  has  total
 19             adjusted capital which is greater than or equal to its company action
 20             level  RBC  but less than the product of its authorized control level
 21             RBC and 3.0 and triggers the trend test determined in accordance with
 22             the trend test calculation included in the property and casualty  RBC
 23             instructions;
 24        (b)  The  notification  by  the director to the insurer of an adjusted RBC
 25        report that indicates an event in paragraph (a) of this  subsection,  pro-
 26        vided the insurer does not challenge the adjusted RBC report under section
 27        41-5407, Idaho Code; or
 28        (c)  If, pursuant to section 41-5407, Idaho Code, an insurer challenges an
 29        adjusted RBC report that indicates the event in paragraph (a) of this sub-
 30        section, the notification by the director to the insurer that the director
 31        has, after a hearing, rejected the insurer's challenge.
 32        (2)  In  the event of a company action level event, the insurer shall pre-
 33    pare and submit to the director an RBC plan which shall:
 34        (a)  Identify the conditions which contribute to the company action  level
 35        event;
 36        (b)  Contain  proposals of corrective actions which the insurer intends to
 37        take and would be expected to result in the  elimination  of  the  company
 38        action level event;
 39        (c)  Provide projections of the insurer's financial results in the current
 40        year  and  at  least the four (4) succeeding years, both in the absence of
 41        proposed corrective actions and giving effect to the  proposed  corrective
 42        actions,  including projections of statutory operating income, net income,
 43        capital and surplus. (The projections for both new  and  renewal  business
                                                                        
                                       2
                                                                        
  1        might  include  separate  projections  for each major line of business and
  2        separately identify each significant income, expense  and  benefit  compo-
  3        nent);
  4        (d)  Identify  the key assumptions impacting the insurer's projections and
  5        the sensitivity of the projections to the assumptions; and
  6        (e)  Identify the quality of, and problems associated with, the  insurer's
  7        business,  including  but not limited to, its assets, anticipated business
  8        growth and associated surplus strain, extraordinary exposure to risk,  mix
  9        of business and use of reinsurance, if any, in each case.
 10        (3)  The RBC plan shall be submitted:
 11        (a)  Within forty-five (45) days of the company action level event; or
 12        (b)  If  the insurer challenges an adjusted RBC report pursuant to section
 13        41-5407, Idaho Code, within forty-five (45) days after notification to the
 14        insurer that the director has, after a  hearing,  rejected  the  insurer's
 15        challenge.
 16        (4)  Within  sixty  (60) days after the submission by an insurer of an RBC
 17    plan to the director, the director shall notify the insurer  whether  the  RBC
 18    plan  shall be implemented or is, in the judgment of the director, unsatisfac-
 19    tory. If the director determines the RBC plan is unsatisfactory, the notifica-
 20    tion to the insurer shall set forth the reasons for the determination, and may
 21    set forth proposed revisions which will render the RBC plan  satisfactory,  in
 22    the judgment of the director. Upon notification from the director, the insurer
 23    shall prepare a revised RBC plan, which may incorporate by reference any revi-
 24    sions  proposed  by the director, and shall submit the revised RBC plan to the
 25    director:
 26        (a)  Within forty-five (45) days after the notification from the director;
 27        or
 28        (b)  If the insurer challenges the notification from  the  director  under
 29        section 41-5407, Idaho Code, within forty-five (45) days after a notifica-
 30        tion  to  the insurer that the director has, after a hearing, rejected the
 31        insurer's challenge.
 32        (5)  In the event of a notification by the director to an insurer that the
 33    insurer's RBC plan or revised RBC plan is unsatisfactory, the director may, at
 34    the director's discretion, subject to the insurer's right to a  hearing  under
 35    section 41-5407, Idaho Code, specify in the notification that the notification
 36    constitutes a regulatory action level event.
 37        (6)  Every  domestic  insurer  that  files an RBC plan or revised RBC plan
 38    with the director shall file a copy of the RBC plan or revised RBC  plan  with
 39    the  insurance  director in any state in which the insurer is authorized to do
 40    business if:
 41        (a)  Such state has an RBC  provision  substantially  similar  to  section
 42        41-5408(1), Idaho Code; and
 43        (b)  The  insurance director of that state has notified the insurer of its
 44        request for the filing in writing, in which case the insurer shall file  a
 45        copy  of  the RBC plan or revised RBC plan in that state no later than the
 46        later of:
 47             (i)  Fifteen (15) days after the receipt of notice to file a copy  of
 48             its RBC plan or revised RBC plan with the state; or
 49             (ii) The  date  on  which  the  RBC plan or revised RBC plan is filed
 50             under subsections (3) and (4) of this section.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                           RS 16479

The Risk-Based Capital (RBC) for Insurers Act, originally 
enacted in 1996, is based on a model law developed by the 
National Association of Insurance Commissioners.  The law 
provides a method of establishing the minimum amount of capital 
appropriate for an insurance company to support its overall 
business operations taking into consideration the insurer’s size 
and risk.  It is used to identify a minimum capital requirement 
for an insurer by looking at the degree of risk taken by the 
insurer.  Risk based capital standards provide an objective way 
to identify insurers that show indications of a weak or 
deteriorating financial condition.  

This proposal amends the RBC Act to adopt a new RBC trend test 
for property and casualty insurers similar to one that is 
already in place for life and health insurers.  The new trend 
test was adopted by the National Association of Insurance 
Commissioners for use by state insurance regulators in 2005.


                         FISCAL NOTE

No fiscal impact.



CONTACT
Name:	Georgia Hill
Agency:	Insurance, Dept. of
Phone:	334-4314

STATEMENT OF PURPOSE/FISCAL NOTE	                H 88