1. (a) An insurer must report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless:

   1. (1) the insurer is part of a consolidated group of insurers that uses a:

      1. (A) pooling arrangement; or

      2. (B) one hundred percent (100%) reinsurance agreement;

         that affects the solvency and integrity of the insurer's reserves; and

   2. (2) the insurer ceded substantially all of its direct and assumed business to the pool.
2. (b) An insurer is considered to have ceded substantially all of its direct and assumed business to a pool under subsection (a) if the insurer has less than one million dollars ($1,000,000) total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than five percent (5%) of the insurer's capital and surplus.

As added by P.L.251-1995, SEC.17.