2018 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 63 - Insurance Companies Generally
Subchapter 13 - Risk-Based Capital Act
§ 23-63-1302. Definitions
- As used in this subchapter:
(1) "Adjusted RBC report" means a risk-based capital report that has been adjusted by the Insurance Commissioner under § 23-63-1303(e);
(2) "Corrective order" means an order issued by the commissioner specifying corrective actions that the commissioner has determined are needed;
(3) "Domestic insurer" means an insurance company domiciled in this state;
(4) "Foreign insurer" means an insurance company that may do business in this state under § 23-63-201 et seq. but is not domiciled in this state;
(5) "Fraternal benefit society" means an insurance company or society organized and licensed under Arkansas Code Title 23, Chapter 74;
(6) "Life or accident and health insurer" means:
(A) An insurance company authorized to transact a life or accident and health insurance business under § 23-63-201 et seq.; or
(B) An authorized property and casualty insurer writing only accident and health insurance;
(7) "NAIC" means the National Association of Insurance Commissioners;
(8) "Negative trend" means, with respect to a life or accident and health insurer or a fraternal benefit society, a negative trend over a period, as determined according to the trend test calculation included in the RBC instructions for a life or accident and health insurer or RBC instructions for a fraternal benefit society;
(9)
(A) "Property or casualty insurer" means an insurance company authorized to transact property or casualty insurance business under § 23-63-201 et seq., including farmers' mutual aid associations and fraternal benefit societies.
(B) "Property or casualty insurer" does not include:
(i) Monoline mortgage guaranty insurers;
(ii) Financial guaranty insurers; or
(iii) Title insurers;
(10) "RBC" means risk-based capital;
(11) "RBC instructions" means the RBC report including risk-based capital instructions adopted by the NAIC, as amended by the NAIC;
(12) "RBC level" means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC when:
(A) "Authorized control level RBC" means the number determined under the risk-based capital formula according to the RBC instructions;
(B) "Company action level RBC" means, with respect to an insurer, the product of two (2) and its authorized control level RBC;
(C) "Mandatory control level RBC" means the product of seven-tenths of one percent (0.7%) and the authorized control level RBC; and
(D) "Regulatory action level RBC" means the product of one and five-tenths (1.5) and its authorized control level RBC;
(13) "RBC plan" means a comprehensive financial plan containing the elements named in § 23-63-1304(b). If the commissioner rejects the RBC plan and it is revised by the insurer with or without the commissioner's recommendation, the plan is called the "revised RBC plan";
(14) "RBC report" means the report required under § 23-63-1303; and
(15) "Total adjusted capital" means the sum of:
(A) An insurer's statutory capital and surplus as determined according to the statutory accounting applicable to the annual financial statements required under § 23-63-216; and
(B) Other items, if any, that the RBC instructions may provide.
