Utah Admin. Code R590-265-5 - Commissioner's Authority
(1) To determine
an insurer's financial condition under this rule, the commissioner may:
(a) disregard any credit or amount receivable
resulting from a transaction with a reinsurer that is insolvent, impaired, or
otherwise subject to a delinquency proceeding;
(b) make appropriate adjustments including
disallowance to asset values attributable to an investment in or transaction
with a parent, subsidiary, or affiliate consistent with the NAIC Accounting
Practices and Procedures Manual and state laws and rules;
(c) refuse to recognize the stated value of
accounts receivable if the ability to collect receivables is highly speculative
in view of the age of the account or the financial condition of the debtor;
or
(d) increase the insurer's
liability in an amount equal to any contingent liability, pledge, or guarantee
not otherwise included if there is a substantial risk that the insurer will be
called upon to meet the obligation undertaken with the next 12 -month
period.
(2) If the
commissioner determines that the continued operation of the insurer may be
hazardous to its policyholders, creditors, or the general public, the
commissioner may issue an order requiring the insurer to:
(a) reduce the total amount of present and
potential liability for policy benefits by reinsurance;
(b) reduce, suspend, or limit the volume of
business being accepted or renewed;
(c) reduce general insurance and commission
expenses by specified methods;
(d)
increase the insurer's capital and surplus;
(e) suspend or limit the declaration and
payment of dividend by an insurer to its stockholders or to its policy
holders;
(f) file reports in a form
acceptable to the commissioner concerning the market value of an insurer's
assets;
(g) limit or withdraw from
certain investments or discontinue certain investment practices to the extent
the commissioner considers necessary;
(h) document the adequacy of premium rates in
relation to the risks insured;
(i)
file, in addition to regular annual statements, interim financial reports on
the form adopted by the NAIC or in a format adopted by the
commissioner;
(j) correct corporate
governance practice deficiencies, and adopt and utilize governance practices
acceptable to the commissioner;
(k)
provide a business plan to the commissioner to continue to transact business in
the state; or
(l) notwithstanding
any other provision of law limiting the frequency or amount of premium rate
adjustments, adjust rates for any non-life insurance product written by the
insurer that the commissioner considers necessary to improve the financial
condition of the insurer.
(3) The commissioner's order against a
foreign insurer may be limited to the extent provided by statute.
(4) An insurer subject to an order under
Subsection (1) may request a hearing to review the order. The notice of hearing
shall:
(a) be served upon the insurer pursuant
to Section
31A-27-503;
(b) state the time and place of the hearing;
and
(c) state the ground the
commissioner relied upon in the order.
(5) Unless mutually agreed upon by the
commissioner and the insurer, a hearing under Subsection (4) shall:
(a) occur not less than 10 days or more than
30 days after notice is served; and
(b) be conducted in Salt Lake County or in
another location convenient to the parties designated by the
commissioner.
Notes
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