Title 18, Insurance Code

§ 5805. Authorized Control Level Event [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. (a) “Authorized Control Level Event” means any of the following events: (1) The filing of an RBC report by the insurer which indicates that the insurer’s total adjusted ca…

§ 5806. Mandatory Control Level Event [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. (a) “Mandatory Control Level Event” means any of the following events: (1) The filing of an RBC report which indicates that the insurer’s total adjusted capital is less tha…

§ 5807. Hearings [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. Upon: (1) Notification to an insurer by the Commissioner of an adjusted RBC report; or (2) Notification to an insurer by the Commissioner that: a. The insurer’s RBC plan or revised RBC plan is …

§ 5808. Confidentiality, prohibition on announcements, prohibition on use in ratemaking [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. (a) All RBC reports (to the extent the information therein is not required to be set forth in a publicly available annual …

§ 5809. Supplemental provisions, rules, exemption [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. (a) The provisions of this chapter are supplemental to any other provisions of the laws of this State, and shall not preclude or limit any other powers or dutie…

§ 5810. Foreign insurers [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. (a) Any foreign insurer shall, upon the written request of the Commissioner, submit to the Commissioner an RBC report as of the end of the calendar year just ended the later of: (1) The…

§ 5811. Immunity [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the Insurance Department or its employees or agents for any action taken by them in t…

§ 5812. Notices [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. All notices by the Commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of a…

§ 5813. Phase-in provision [For severability of this subchapter, see 70 Del. Laws, c. 234, § 2]. For RBC reports required to be filed insurers with respect to 1994, the following requirements shall apply in lieu of the provisions of §§ 5803, 5804, 5805 and 5806 of this title: (1)…

§ 5820. Definitions. As used in this chapter, the following terms shall have the respective meanings hereinafter set forth, unless the context shall otherwise require: (1) “Adjusted RBC report.” — The term “adjusted RBC report” means an RBC report which has been adjusted by the C…

§ 5821. RBC reports. (a) A domestic health organization shall, on or prior to each March 1 or the required annual statement filing date if later (the “filing date”), prepare and submit to the Commissioner a report of its RBC levels as of the end of the calendar year just ended, i…

§ 5822. Company action level event. (a) “Company action level event” means any of the following events: (1) The filing of an RBC report by a health organization that indicates that the health organization’s total adjusted capital is greater than or equal to its regulatory action …

§ 5823. Regulatory action level event. (a) “Regulatory action level event” means, with respect to a health organization, any of the following events: (1) The filing of an RBC report by the health organization that indicates that the health organization’s total adjusted capital is…

§ 5824. Authorized control level event. (a) “Authorized control level event” means any of the following events: (1) The filing of an RBC report by the health organization that indicates that the health organization’s total adjusted capital is greater than or equal to its mandator…

§ 5825. Mandatory control level event. (a) “Mandatory control level event” means any of the following events: (1) The filing of an RBC report which indicates that the health organization’s total adjusted capital is less than its mandatory control level RBC; (2) Notification by th…

§ 5826. Hearings. Upon the occurrence of any of the following events, the health organization shall have the right to a confidential departmental hearing, on a record, at which the health organization may challenge any determination or action by the Commissioner. The health organ…

§ 5827. Confidentiality; prohibition on announcements, prohibition on use in ratemaking. (a) All RBC reports (to the extent the information is not required to be set forth in a publicly available annual statement schedule) and RBC plans (including the results or report of any exa…

§ 5828. Supplemental provisions; rules; exemption. (a) The provisions of this subchapter II are supplemental to any other provisions of the laws of this State, and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including, but not limit…

§ 5829. Foreign health organizations. (a) (1) A foreign health organization shall, upon the written request of the Commissioner, submit to the Commissioner an RBC report as of the end of the calendar year just ended the later of: a. The date an RBC report would be required to be …

§ 5830. Immunity. There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the Insurance Department or its employees or agents for any action taken by them in the performance of their powers and duties under this subchapter II.79…

§ 5831. Severability clause. If any provision of this subchapter II, or its application to any person or circumstance, is held invalid, that determination shall not affect the provisions or applications of this subchapter II that can be given effect without the invalid provision …

§ 5832. Notices. All notices by the Commissioner to a health organization that may result in regulatory action under this subchapter II shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upo…