20-491.04. Exemptions from article requirements; reports

A. An insurer is exempt from the requirements of this article if both of the following apply:

1. The insurer has annual direct written and unaffiliated assumed premium including international direct and assumed premium, but excluding premium reinsured with the federal crop insurance corporation and federal flood program, less than five hundred million dollars.

2. The insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premium including international direct and assumed premium, but excluding premium reinsured with the federal crop insurance corporation and federal flood program, less than one billion dollars.

B. If an insurer qualifies for exemption pursuant to subsection A, paragraph 1 of this section but the insurance group of which the insurer is a member does not qualify for exemption pursuant to subsection A, paragraph 2 of this section, the ORSA summary report that may be required pursuant to section 20-491.03 shall include every insurer within the insurance group. This requirement is satisfied by the submission of more than one ORSA summary report for any combination of insurers, provided any combination of reports includes every insurer within the insurance group.

C. If an insurer does not qualify for exemption pursuant to subsection A, paragraph 1 of this section but the insurance group of which the insurer is a member does qualify for exemption pursuant to subsection A, paragraph 2 of this section, the only ORSA summary report that may be required pursuant to section 20-491.03 is the report applicable to that insurer.

D. If an insurer does not qualify for exemption pursuant to subsection A, paragraph 1 of this section, the insurer may apply to the director for a waiver from the requirements of this article based on unique circumstances. In deciding whether to grant the insurer's request for waiver, the director may consider the type and volume of business written, ownership and organizational structure and any other factor the director considers relevant to the insurer or insurance group of which the insurer is a member. If the insurer is part of an insurance group with insurers domiciled in more than one state, the director shall coordinate with the lead state director or commissioner of insurance and with the other domiciliary directors or commissioners in considering whether to grant the insurer's request for a waiver.

E. Notwithstanding the exemptions stated in this section, the director may require that an insurer maintain a risk management framework, conduct an ORSA and file an ORSA summary report:

1. Based on unique circumstances including the type and volume of business written, ownership and organizational structure, federal agency requests and international supervisor requests.

2. If the insurer has risk-based capital for a company action level event as defined in section 20-488, meets one or more of the standards of an insurer deemed to be in hazardous financial condition as prescribed in section 20-220.01 or otherwise exhibits qualities of a troubled insurer as determined by the director.

F. If an insurer that qualifies for exemption pursuant to subsection A, paragraph 1 of this section subsequently no longer qualifies for that exemption due to changes in premium reflected in the insurer's most recent annual statement or in the most recent annual statements of the insurers within the insurance group of which the insurer is a member, the insurer has one year after the year the threshold is exceeded to comply with the requirement of this article.