Tenn. Code § 56-46-102

Current through Acts 2023-2024, ch. 1069
Section 56-46-102 - Part definitions

As used in this part, unless the context otherwise requires:

(1) "Adjusted RBC Report" means an RBC report that has been adjusted by the commissioner in accordance with § 56-46-103(e);
(2) "Corrective order" means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required;
(3) "Domestic insurer" means any insurance company domiciled in Tennessee;
(4) "Foreign insurer" means any insurance company that is licensed to do business in Tennessee under this title but is not domiciled in Tennessee;
(5) "Life and/or health insurer" means any insurance company licensed for those lines in Tennessee, or a property and casualty insurer writing only accident and health insurance;
(6) "NAIC" means the National Association of Insurance Commissioners;
(7) "Negative trend" means, with respect to a life and/or health insurer, negative trend over a period of time, as determined in accordance with the "Trend Test Calculation" included in the RBC Instructions;
(8) "Property and casualty insurer" means any insurance company licensed in those lines in Tennessee, but does not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers;
(9) "RBC Instructions" means the RBC Report including risk-based capital instructions adopted by the NAIC, as the RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC;
(10) "RBC Level" means an insurer's Company Action Level RBC, Regulatory Action Level RBC, Authorized Control Level RBC, or Mandatory Control Level RBC where:
(A) "Authorized Control Level RBC" means the number determined under the risk-based capital formula in accordance with the RBC Instructions;
(B) "Company Action Level RBC" means, with respect to any insurer, the product of 2.0 and its Authorized Control Level RBC;
(C) "Mandatory Control Level RBC" means the product of 0.70 and the authorized Control Level RBC; and
(D) "Regulatory Action Level RBC" means the product of 1.5 and its authorized Control Level RBC;
(11) "RBC Plan" means a comprehensive financial plan containing the elements specified in § 56-46-104(b). If the commissioner rejects the RBC Plan, and it is revised by the insurer, with or without the commissioner's recommendation, the plan shall be called the "Revised RBC Plan";
(12) "RBC Report" means the report required in § 56-46-103; and
(13) "Total adjusted capital" means the sum of:
(A) An insurer's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed pursuant to § 56-1-501; and
(B) The other items, if any, that the RBC Instructions may provide.

T.C.A. § 56-46-102

Amended by 2014 Tenn. Acts, ch. 559,Secs.s1, s2 eff. 3/21/2014.
Acts 1996, ch. 750, § 3.