1. (a) If:

   1. (1) an event that is:

      1. (A) a company action level event;
      2. (B) a regulatory action level event; or

      3. (C) an authorized control level event;

         occurs with respect to a foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer (or, if no RBC statute is in force in that state, under this chapter); and

   2. (2) the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute (or, if no RBC statute is in force in that state, under sections 31 through 35 of this chapter);

      the commissioner may require the foreign insurer to file an RBC plan with the commissioner.

2. (b) In a situation described in subsection (a), the failure of the foreign insurer to file an RBC plan with the commissioner is grounds for the commissioner to order the insurer to cease and desist from writing new insurance business in Indiana.

As added by P.L.186-1996, SEC.1.