20-156. Examination of insurers and state
compensation fund; financial surveillance fund; definition
A. The director shall examine the affairs, transactions, accounts, records and
assets of each authorized insurer as often as the director deems advisable. The director
shall so examine each domestic insurer, domestic life and disability reinsurer as defined
in section 20-1082, service company as defined in section 20-1095 and mechanical
reimbursement reinsurer as defined in section 20-1096 at least once every five
years. Examination of an alien insurer shall be limited to its insurance transactions in
the United States.
B. The director shall in like manner examine each insurer applying for an initial
certificate of authority to do business in this state.
C. In lieu of making an examination, the director may accept a full report of the
last recent examination of a foreign or alien insurer, certified to by the insurance
supervisory official of another state, territory, commonwealth or district of the United
States.
D. The director may examine the affairs, transactions, accounts and records of the
state compensation fund as often as the director reasonably deems advisable. The results
of such examination shall be the basis for any advisory recommendations which the
director deems necessary regarding the operations of the state compensation fund.
E. The expenses of the examinations conducted under this section shall be paid by
the insurance examiners' revolving fund as provided in section 20-159. Such expenses
shall be limited to preexamination selection and preparation costs, examination costs,
postexamination costs and other such costs of evaluations of compliance required by law.
F. The financial surveillance fund is established consisting of monies collected
pursuant to subsection G of this section. The fund is a special state fund pursuant to
section 35-142, subsection A, paragraph 8. Monies in the fund do not revert to the state
general fund. The department shall administer the fund. Monies in the fund are
continuously appropriated and are exempt from the provisions of section 35-190 relating
to lapsing of appropriations.
G. The director shall annually assess and collect from each domestic insurer, other
than a domestic life and disability reinsurer as defined in section 20-1082, a service
company as defined in section 20-1095, and a mechanical reimbursement reinsurer as
defined in section 20-1096, an amount within the ranges provided in this subsection and
on a uniform percentage basis among all fee categories, to pay the costs of employing
financial analysts who shall assist the department in conducting financial surveillance
of domestic insurers. The director shall deposit all collected monies in the financial
surveillance fund. The director shall base the amount of each insurer's assessment on the
total admitted assets of the insurer as shown in its annual statement for the calendar
year preceding the year in which the assessment is made, according to the following
schedule:
Minimum Maximum
Assessment Amount Assessment Amount
Insurers with total admitted
assets of greater than
$1,000,000,000 $15,000 $22,500
Insurers with total admitted
assets of at least $200,000,000
but not more than $1,000,000,000 $ 5,000 $ 7,500
Insurers with total admitted
assets of at least $100,000,000
but not more than $199,999,999 $ 3,000 $ 4,500
Insurers with total admitted assets
of at least $50,000,000 but not
more than $99,999,999 $ 1,500 $ 2,250
Insurers with total admitted assets
of at least $25,000,000 but not
more than $49,999,999 $ 500 $ 750
Insurers with total admitted
assets of not more than
$24,999,999 $ 250 $ 375
H. For purposes of this section, "insurer" includes health care services
organizations, prepaid dental plan organizations, hospital service corporations, medical
service corporations, dental service corporations and hospital, medical, dental and
optometric service corporations incorporated in this state.
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