Ohio § 3903.86

§ 3903.86.

(A) For purposes of sections 3903.81 to 3903.93 of the Revised Code , a “ mandatory control level event ” is any of the following events: (1) The filing of an RBC report by an insurer that indicates that the insurer's total

adjusted capital is less than its mandatory control level RBC; (2) The notification by the superintendent of insurance to an insurer of an adjustment

to the insurer's RBC report, which adjusted RBC report shows the insurer's total adjusted

capital at less than its mandatory control level RBC, provided the insurer does not

challenge the adjusted RBC report under section 3903.87 of the Revised Code ; (3) The superintendent's notification to an insurer, following the hearing required under section 3903.87 of the Revised Code , that the superintendent has rejected the insurer's challenge to an adjusted RBC

report. (B) In the case of a mandatory control level event, the superintendent shall do the following: (1) With respect to a life or health insurer, take such actions as are necessary to place

the insurer under regulatory control under sections 3903.01 to 3903.59 of the Revised Code .  The mandatory control level event shall be deemed sufficient grounds for the superintendent

to take action under sections 3903.01 to 3903.59 of the Revised Code .  Nothing in sections 3903.81 to 3903.93 of the Revised Code shall impair or restrict the rights, powers, and protections afforded to the superintendent

and to insurers under sections 3903.01 to 3903.59 of the Revised Code .  However, the superintendent may defer action under this division for up to ninety

days after the mandatory control level event if the superintendent finds that there

is a reasonable expectation the insurer may be able to eliminate the conditions leading

to the mandatory control level event within the ninety-day period. (2) With respect to a property and casualty insurer, take such actions as are necessary

to place the insurer under regulatory control under sections 3903.01 to 3903.59 of the Revised Code .  In the case of a property and casualty insurer that is writing no business, and

that is running-off its existing business, the superintendent may allow the insurer

to continue the run-off under the supervision of the superintendent.  The mandatory control level event shall be deemed sufficient grounds, however, for

the superintendent to take action under sections 3903.01 to 3903.59 of the Revised Code , regardless of whether a property and casualty insurer is running-off its existing

business.  Nothing in sections 3903.81 to 3903.93 of the Revised Code shall impair or restrict the rights, powers, and protections afforded to the superintendent

and to insurers under sections 3903.01 to 3903.59 of the Revised Code .  The superintendent may defer action for up to ninety days after the mandatory control

level event if the superintendent finds that there is a reasonable expectation the

insurer may be able to eliminate the conditions leading to the mandatory control level

event within the ninety-day period.