View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 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