As used in this chapter, "company action level event" means any of the following events:

1. (1) The filing of an RBC report by an insurer that indicates that:

   1. (A) the insurer's total adjusted capital is:

      1. (i) greater than or equal to its regulatory action level RBC; but
      2. (ii) less than its company action level RBC;

   2. (B) if a life insurer or a fraternal benefit society, the insurer:

      1. (i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three
      2. (3) multiplied by its authorized control level RBC; and
      3. (ii) has a negative trend;

   3. (C) if a property and casualty insurer, the insurer:

      1. (i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three
      2. (3) multiplied by its authorized control level RBC; and
      3. (ii) has a negative trend; or

   4. (D) if a health insurer, the insurer:

      1. (i) has a total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three (3) multiplied by its authorized control level RBC; and
      2. (ii) has a negative trend.

2. (2) The notification by the commissioner to the insurer of an adjusted RBC report that indicates that:

   1. (A) the insurer's total adjusted capital is:

      1. (i) greater than or equal to its regulatory action level RBC; but
      2. (ii) less than its company action level RBC;

   2. (B) if a life insurer or a fraternal benefit society, the insurer:

      1. (i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three
3. (3) multiplied by its authorized control level RBC; and
4. (ii) has a negative trend;

5. (C) if a property and casualty insurer, the insurer:

   1. (i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three
   2. (3) multiplied by its authorized control level RBC; and
   3. (ii) has a negative trend; or

6. (D) if a health insurer, the insurer:

   1. (i) has total adjusted capital that is greater than or equal to its company action level RBC but less than the product of three
   2. (3) multiplied by its authorized control level RBC; and

   3. (ii) has a negative trend;

      unless the insurer challenges the adjusted RBC report under section 44 of this chapter.

   4. (3) The notification by the commissioner to the insurer that the commissioner has, after a hearing under section 44 of this chapter, rejected the insurer's challenge to an adjusted RBC report described in subdivision (2).

As added by P.L.186-1996, SEC.1. Amended by P.L.11-2011, SEC.23; P.L.81-2012, SEC.19; P.L.276-2013, SEC.26.