Sec. 38a-92k. Exceeding of limitations by licensed financial insurance corporations. Notification of commissioner. Hearing.
Sec. 38a-92k. Exceeding of limitations by licensed financial insurance corporations. Notification of commissioner. Hearing. (a) If a licensed financial insurance
corporation at any time exceeds any limitation prescribed by section 38a-92i or 38a-92j the corporation shall immediately notify the commissioner in writing. Upon receipt
of the written notification, or if the commissioner has reason to believe that any such
limitation has been exceeded, he may issue an order to show cause why the financial
guaranty insurance corporation should not cease transacting any new financial guaranty
insurance business. If the commissioner issues such an order, the commissioner shall
serve notice of the hearing with the order to the financial guaranty insurance corporation
stating the time and place and the conduct, condition or grounds upon which the commissioner has made the order. The hearing shall occur not less than twenty nor more than
thirty days after notice is served. At the hearing, the burden to show cause why the
financial guaranty insurance corporation should not cease transacting new financial
guaranty insurance business shall be borne solely by the financial guaranty insurance
corporation.
(b) If the commissioner does not issue an order upon receiving written notice pursuant to subsection (a) of this section, the financial guaranty insurance corporation shall,
within thirty days after any limitation is breached, submit a written plan to the commissioner detailing the steps that it will take or has taken to reduce its exposure to loss to
no more than the amounts allowed in sections 38a-92i and 38a-92j. If, after review of
the written plan, the commissioner determines that the corporation has not presented
reasonable steps to reduce its exposure to loss to not more than the amounts allowable,
the commissioner may issue an order to show cause following the same procedures as
prescribed in subsection (a) of this section.
(c) If, after notice and hearing pursuant to subsection (a) or (b) of this section, the
commissioner determines that the financial guaranty insurance corporation has exceeded any limitation prescribed by section 38a-92i or 38a-92j, the commissioner may
order the corporation to cease transacting any new financial guaranty insurance business
until its exposure to loss no longer exceeds these limitations.
(d) The provisions of this section shall not limit the authority of the commissioner
under any other provision of this title.
(P.A. 93-136, S. 12.)