1. Duty to file. A domestic insurer shall, on or before March 1st, submit to the superintendent a report of its risk-based capital levels as of the end of the previous calendar year, in a form and containing such information as is required by the risk-based capital instructions. In addition, a domestic insurer shall file its risk-based capital report: A. With the NAIC in accordance with the risk-based capital instructions; and [PL 1993, c. 634, Pt. A, §1 (NEW).] B. With the insurance regulator in any state in which the insurer is authorized to do business, if that regulator has notified the insurer of its request for the filing in writing, in which case the insurer shall file its risk-based capital report not later than the later of: (1) Fifteen days after the receipt of notice to file its risk-based capital report with that state; or (2) The filing date. [PL 1999, c. 113, §25 (AMD).] [PL 1999, c. 113, §25 (AMD).] 2. Determination of a life or health insurer's risk-based capital. A life or health insurer's risk- based capital must be determined in accordance with the formula set forth in the risk-based capital instructions. The formula must take into account, and may adjust for the covariance between, the following: A. The risk with respect to the insurer's assets; [PL 1993, c. 634, Pt. A, §1 (NEW).] B. The risk of adverse insurance experience with respect to the insurer's liabilities and obligations; [PL 1993, c. 634, Pt. A, §1 (NEW).] C. The interest rate risk with respect to the insurer's business; and [PL 1993, c. 634, Pt. A, §1 (NEW).] D. All other business risks and such other relevant risks as are set forth in the risk-based capital instructions, determined in each case by applying the factors in the manner set forth in the risk- based capital instructions. [PL 1993, c. 634, Pt. A, §1 (NEW).] [PL 1997, c. 81, §5 (AMD).] 3. Filing of inaccurate report. If a domestic insurer files a risk-based capital report that in the judgment of the superintendent is inaccurate, then the superintendent shall adjust the risk-based capital report to correct the inaccuracy and notify the insurer of the adjustment. The notice must contain a statement of the reason for the adjustment. A risk-based capital report so adjusted is referred to as an adjusted risk-based capital report. [PL 1993, c. 634, Pt. A, §1 (NEW).] 4. Determination of a property and casualty insurer's risk-based capital. A property and casualty insurer's risk-based capital is determined in accordance with the formula set forth in the risk- based capital instructions. The formula must take into account and may adjust for the covariance between the following: A. Asset risk; [PL 1997, c. 81, §6 (NEW).] B. Credit risk; [PL 1997, c. 81, §6 (NEW).] C. Underwriting risk; and [PL 1997, c. 81, §6 (NEW).] D. All other business risks and such other relevant risks as are set forth in the risk-based capital instructions, determined in each case by applying the factors set forth in the risk-based capital instructions. [PL 1997, c. 81, §6 (NEW).] [PL 1997, c. 81, §6 (NEW).]
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