2010 Mississippi Code
TITLE 83 - INSURANCE
Chapter 5 - General Provisions Relative to Insurance and Insurance Companies.
83-5-409 - Procedure upon occurrence of authorized control level event.

§ 83-5-409. Procedure upon occurrence of authorized control level event.
 

(1)  "Authorized control level event" means any of the following events: 

(a) The filing of a RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC; 

(b) The notification by the commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (a) of this subsection, if the insurer does not challenge the adjusted RBC report under Section 83-5-413; 

(c) Under Section 83-5-413, the insurer challenges an adjusted RBC report that indicates the event in paragraph (a) of this subsection, notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; 

(d) The failure of the insurer to respond, in a manner satisfactory to the commissioner, to a corrective order if the insurer has not challenged the corrective order under Section 83-5-413; or 

(e) If the insurer has challenged a corrective order under Section 83-5-413 and the commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner. 

(2)  In the event of an authorized control level event with respect to an insurer, the commissioner shall: 

(a) Take such actions as are required under Section 83-5-407 regarding an insurer with respect to which a regulatory action level event has occurred; or 

(b) If the commissioner determines it to be in the best interests of the policyholders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under Section 83-24-1 et seq. In the event the commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the commissioner to take action under Section 83-24-1 et seq., and the commissioner shall have the rights, powers and duties with respect to the insurer as are set forth in Section 83-24-1 et seq. In the event the commissioner takes actions under this paragraph under an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of Section 83-24-1 et seq., pertaining to summary proceedings. 
 

Sources: Laws,  1996, ch. 478, § 5, eff from and after July 1, 1996.