Ins 51.15(1)(f)(f) Such other information as is requested by the commissioner.
Ins 51.15(2)(2)The risk based capital plan required under this section shall be submitted:
Ins 51.15(2)(a)(a) Within 45 days of the company action level event; or
Ins 51.15(2)(b)(b) If the insurer challenges an adjusted risk based capital report under s. Ins 51.50, within 45 days after notification to the insurer that the commissioner has, after a hearing, rejected the insurer’s challenge.
Ins 51.15(3)(3)Within 60 days after the submission by an insurer of a risk based capital plan to the commissioner, the commissioner shall notify the insurer whether the risk based capital plan shall be implemented or is, in the judgment of the commissioner, unsatisfactory. If the commissioner determines the risk based capital plan is unsatisfactory, the notification to the insurer shall set forth the reasons for the determination, and may set forth proposed revisions which will render the risk based capital plan satisfactory, in the judgment of the commissioner. Upon notification from the commissioner, the insurer shall prepare a revised risk based capital plan, which may incorporate by reference any revisions proposed by the commissioner, and shall submit the revised risk based capital plan to the commissioner:
Ins 51.15(3)(a)(a) Within 45 days after the notification from the commissioner; or
Ins 51.15(3)(b)(b) If the insurer challenges the notification from the commissioner under s. Ins 51.50, within 45 days after a notification to the insurer that the commissioner has, after a hearing, rejected the insurer’s challenge.
Ins 51.15(4)(4)If the commissioner notifies an insurer that the insurer’s risk based capital plan or revised risk based capital plan is unsatisfactory, the commissioner may at the commissioner’s discretion, subject to the insurer’s right to a hearing under s. Ins 51.50, specify in the notification that the notification constitutes a regulatory action level event.
Ins 51.15(5)(5)Every domestic insurer that files a risk based capital plan or revised risk based capital plan with the commissioner shall file a copy of the risk based capital plan or revised risk based capital plan with the insurance commissioner in any state in which the insurer is authorized to do business if:
Ins 51.15(5)(a)(a) Such state has a risk based capital provision substantially similar to s. Ins 51.50 (1); and
Ins 51.15(5)(b)(b) The insurance commissioner of that state has notified the insurer of its request for the filing in writing.
Ins 51.15(6)(6)If an insurer is required to file a risk based capital plan or revised risk based capital plan under sub. (5) in a state it shall file a copy of the risk based capital plan or revised risk based capital plan in that state no later than the later of the following:
Ins 51.15(6)(a)(a) Fifteen days after the receipt of notice to file a copy of its risk based capital plan or revised risk based capital plan with the state.
Ins 51.15(6)(b)(b) The date on which the risk based capital plan or revised risk based capital plan is filed under s. Ins 51.15 (2) or (3).
Ins 51.15 HistoryHistory: Cr. Register, December, 1996, No. 492, eff. 1-1-97.
Ins 51.20Ins 51.20Regulatory action level event.
Ins 51.20(1)(1)If a regulatory action level event occurs with respect to an insurer the commissioner shall:
Ins 51.20(1)(a)(a) Require the insurer to prepare and submit a risk based capital plan or, if applicable, a revised risk based capital plan;
Ins 51.20(1)(b)(b) Perform such examination or analysis as the commissioner deems necessary of the assets, liabilities and operations of the insurer including a review of its risk based capital plan or revised risk based capital plan; and
Ins 51.20(1)(c)(c) Subsequent to the examination or analysis, issue an order specifying such corrective actions as the commissioner shall determine are required.
Ins 51.20(2)(2)In determining corrective actions, the commissioner may take into account such factors as are deemed relevant with respect to the insurer based upon the commissioner’s examination or analysis of the assets, liabilities and operations of the insurer, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the risk based capital instructions. The insurer shall submit a risk based capital plan or revised risk based capital plan:
Ins 51.20(2)(a)(a) Within 45 days after the occurrence of the regulatory action level event;
Ins 51.20(2)(b)(b) If the insurer challenges an adjusted risk based capital report under s. Ins 50.50 and the challenge is not frivolous in the judgment of the commissioner, within 45 days after the notification to the insurer that the commissioner has, after a hearing, rejected the insurer’s challenge; or
Ins 51.20(2)(c)(c) If the insurer challenges a revised risk based capital plan pursuant to s. Ins 51.50 and the challenge is not frivolous in the judgment of the commissioner, within 45 days after the notification to the insurer that the commissioner has, after a hearing, rejected the insurer’s challenge.
Ins 51.20(3)(3)The commissioner may retain actuaries and investment experts and other consultants as may be necessary in the judgment of the commissioner to review the insurer’s risk based capital plan or revised risk based capital plan, examine or analyze the assets, liabilities and operations of the insurer and formulate a corrective order with respect to the insurer. The fees, costs and expenses relating to consultants shall be borne by the affected insurer or such other party as directed by the commissioner.
Ins 51.20 HistoryHistory: Cr. Register, December, 1996, No. 492, eff. 1-1-97.
Ins 51.30Ins 51.30Authorized control level event. If an authorized control level event occurs with respect to an insurer, the commissioner shall:
Ins 51.30(1)(1)Take such actions as are required under s. Ins 51.20 regarding an insurer with respect to which a regulatory action level event has occurred; or
Ins 51.30(2)(2)If the commissioner deems 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 ch. 645, Stats. If the commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the commissioner to take action under ch. 645, Stats., and the commissioner shall have the rights, powers and duties with respect to the insurer as are set forth in ch. 645, Stats.