§ 4182. Prevention of insolvencies
(a) To aid in the detection and prevention of member insurer impairment or insolvency,
it shall be the duty of the Commissioner to:
(1) Notify the commissioners of all the other states within 30 days following the action
taken or the date the action occurs when the Commissioner takes any of the following
actions against a member insurer:
(A) revocation of license;
(B) suspension of license; or
(C) makes a formal order that the member insurer restrict its premium writing, obtain
additional contributions to surplus, withdraw from Vermont, reinsure all or any part
of its business, or increase capital, surplus, or any other account for the security
of policy owners, contract owners, certificate holders, or creditors.
(2) Report to the Board of Directors when the Commissioner has taken any of the actions
set forth in subdivision (1) of this subsection or has received a report from any
other commissioner indicating that any such action has been taken in another state.
The report to the Board of Directors shall contain all significant details of the
action taken or the report received from another commissioner.
(3) Report to the Board of Directors when the Commissioner has reasonable cause to believe
from an examination, whether completed or in process, of any member insurer that the
insurer may be an impaired or insolvent insurer.
(4) Furnish to the Board of Directors the NAIC Insurance Regulatory Information System
ratios and listings of companies not included in the ratios developed by the National
Association of Insurance Commissioners, and the Board may use the information contained
therein in carrying out its duties and responsibilities under this section. The report
and the information contained therein shall be kept confidential by the Board of Directors
until such time as made public by the Commissioner or other lawful authority.
(b) The Commissioner may seek the advice and recommendations of the Board of Directors
concerning any matter affecting the duties and responsibilities of the Commissioner
regarding the financial condition of member insurers and insurers or health maintenance
organizations seeking admission to transact business in Vermont.
(c) The Board of Directors, upon majority vote, may make reports and recommendations to
the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation,
or conservation of any member insurer or germane to the solvency of any insurer or
health maintenance organization seeking to do business in Vermont. Such reports and
recommendations shall not be considered public documents.
(d) The Board of Directors, upon majority vote, shall notify the Commissioner of any information
indicating a member insurer may be an impaired or insolvent insurer.
(e) The Board of Directors, upon majority vote, may make recommendations to the Commissioner
for the detection and prevention of member insurer insolvencies.
(f) The Board of Directors shall, at the conclusion of any insurer impairment or insolvency
in which the Association carried out its duties under this chapter or exercised any
of its powers under this chapter, prepare a report on the history and causes of such
impairment or insolvency, based on the information available to the Association, and
submit such report to the Commissioner. (Added 2023, No. 32, § 9, eff. July 1, 2023.)