§6451. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
1.
Adjusted risk-based capital report.
"Adjusted risk-based capital report" means a risk-based capital report that has been adjusted by the superintendent in accordance with section 6452, subsection 3.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
2.
Corrective order.
"Corrective order" means an order issued by the superintendent specifying corrective actions that the superintendent has determined are required.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
3.
Domestic insurer.
"Domestic insurer" means any insurance company domiciled in this State.
[PL 1997, c. 81, §1 (AMD).]
4.
Foreign insurer.
"Foreign insurer" means any insurance company that is authorized to do business in this State under section 404 but is not domiciled in this State.
[PL 1997, c. 81, §1 (AMD).]
4-A.
Life or health insurer.
"Life or health insurer" means any insurance company described in section 409, subsection 3 and authorized to do business in this State under section 410, or a licensed property and casualty insurer writing only accident and health insurance.
[PL 1997, c. 81, §2 (NEW).]
5.
NAIC.
[PL 2021, c. 521, §28 (RP).]
6.
Negative trend.
"Negative trend" means:
A.
With respect to a life or health insurer, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the risk-based capital instructions; and
[PL 2013, c. 238, Pt. D, §1 (NEW).]
B.
With respect to a property and casualty insurer, a trend that meets the triggering criteria, as determined in accordance with the trend test calculation included in the risk-based capital instructions.
[PL 2013, c. 238, Pt. D, §1 (NEW).]
[PL 2013, c. 238, Pt. D, §1 (RPR).]
6-A.
Property and casualty insurer.
"Property and casualty insurer" means any insurance company authorized to do business in this State under section 410 except a life or health insurer or single line mortgage guaranty insurer, financial guaranty insurer or title insurer.
[PL 1997, c. 81, §4 (NEW).]
7.
Risk-based capital instructions.
"Risk-based capital instructions" means the risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
8.
Risk-based capital level.
"Risk-based capital level" means an insurer's company action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital or mandatory control level risk-based capital where:
A.
"Company action level risk-based capital" means, with respect to any insurer, the product of 2.0 and its authorized control level risk-based capital;
[PL 1993, c. 634, Pt. A, §1 (NEW).]
B.
"Regulatory action level risk-based capital" means the product of 1.5 and its authorized control level risk-based capital;
[PL 1993, c. 634, Pt. A, §1 (NEW).]
C.
"Authorized control level risk-based capital" means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions; and
[PL 1993, c. 634, Pt. A, §1 (NEW).]
D.
"Mandatory control level risk-based capital" means the product of .70 and the authorized control level risk-based capital.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
[PL 1993, c. 634, Pt. A, §1 (NEW).]
9.
Risk-based capital plan.
"Risk-based capital plan" means a comprehensive financial plan containing the elements specified in section 6453, subsection 2. If the superintendent rejects the risk-based capital plan and it is revised by the insurer, with or without the superintendent's recommendation, the plan is called the revised risk-based capital plan.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
10.
Risk-based capital report.
"Risk-based capital report" means the report required in section 6452.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
11.
Total adjusted capital.
"Total adjusted capital" means the sum of:
A.
An insurer's statutory capital and surplus; and
[PL 1993, c. 634, Pt. A, §1 (NEW).]
B.
Such other items, if any, as the risk-based capital instructions provide.
[PL 1993, c. 634, Pt. A, §1 (NEW).]
[PL 1993, c. 634, Pt. A, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 634, Pt. A, §1 (NEW). PL 1997, c. 81, §§1-4 (AMD). PL 2013, c. 238, Pt. D, §1 (AMD). PL 2021, c. 521, §28 (AMD).