PARRIS N. GLENDENING, Governor                             Ch. 339

(1)     A REGULATORY TOOL WHICH MAY INDICATE THE NEED FOR
POSSIBLE CORRECTIVE ACTION WITH RESPECT TO THE INSURER; AND

(2)     NOT INTENDED AS A MEANS TO RANK INSURERS GENERALLY.

(D) IT IS THE PUBLIC POLICY OF THE STATE THAT THE RBC INSTRUCTIONS,
RBC REPORTS, ADJUSTED RBC REPORTS, RBC PLANS AND REVISED RBC PLANS:

(1)     ARE INTENDED SOLELY FOR USE BY THE COMMISSIONER IN
MONITORING THE SOLVENCY OF INSURERS AND THE NEED FOR POSSIBLE
CORRECTIVE ACTION WITH RESPECT TO INSURERS; AND

(2)     MAY NOT BE USED BY THE COMMISSIONER FOR RATE MAKING NOR
CONSIDERED OR INTRODUCED AS EVIDENCE IN ANY RATE PROCEEDING NOR USED
BY THE COMMISSIONER TO CALCULATE OR DERIVE ANY ELEMENTS OF AN
APPROPRIATE PREMIUM LEVEL OR RATE OF RETURN FOR ANY LINE OF INSURANCE
WHICH AN INSURER OR ANY AFFILIATE IS AUTHORIZED TO WRITE.

748.

(A)    THE PROVISIONS OF THIS ACT 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 ANY OTHER
PROVISION OF THIS ARTICLE, INCLUDING SUBTITLES 9A AND 10 OF THIS ARTICLE.

(B)     THE COMMISSIONER MAY ADOPT REGULATIONS TO IMPLEMENT THIS
SUBTITLE.

(C)     THE COMMISSIONER MAY EXEMPT FROM THE APPLICATION OF THIS ACT
ANY DOMESTIC PROPERTY AND CASUALTY INSURER WHICH THAT:

(1)     WRITES DIRECT BUSINESS ONLY IN THIS STATE;

(2)     WRITES DIRECT ANNUAL PREMIUMS OF $2,000,000 OR LESS; AND

(3)     ASSUMES NO REINSURANCE IN EXCESS OF 5 PERCENT OF DIRECT
PREMIUMS WRITTEN.

749.

(A) UPON THE WRITTEN REQUEST OF THE COMMISSIONER, A FOREIGN
INSURER SHALL:

(1) SUBMIT TO THE COMMISSIONER AN RBC REPORT AS OF THE END OF
THE IMMEDIATELY PRECEDING CALENDAR YEAR ON THE LATER OF:

(I)      THE DATE AN RBC REPORT WOULD BE REQUIRED TO BE FILED
BY A DOMESTIC INSURER UNDER THIS SUBTITLE; OR

(II)     15 DAYS AFTER THE REQUEST IS RECEIVED BY THE FOREIGN
INSURER; AND

- 2303 -