PARRIS N. GLENDENING, Governor                             Ch. 339

(2) IS 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 OR
CONSIDERED OR INTRODUCED AS EVIDENCE IN ANY RATE PROCEEDING OR USED
BY THE COMMISSIONER TO CALCULATE OR DERIVE ANY ELEMENTS OF AN
APPROPRIATE PREMIUM LEVEL OR RATE OF RETURN FOR ANY LINE OF INSURANCE
THAT AN INSURER OR ANY AFFILIATE IS AUTHORIZED TO WRITE.

4-311.

(A) THE PROVISIONS OF THIS ACT ARE SUPPLEMENTAL TO OTHER LAWS OF
THE STATE. AND MAY NOT PRECLUDE OR LIMIT ANY OTHER POWERS OR DUTIES OF
THE COMMISSIONER UNDER THIS ARTICLE, INCLUDING TITLE 9 OF THIS ARTICLE.

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

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

(1) WRITES DIRECT BUSINESS ONLY IN THE STATE;

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

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

4-312.

(A) ON 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

(2) PROMPTLY SUBMIT TO THE COMMISSIONER A COPY OF ANY RBC
PLAN OR REVISED RBC PLAN THAT THE INSURER HAS FILED WITH THE INSURANCE
COMMISSIONER OF ANY OTHER STATE.

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