Utah Code 31A-16a-104. Own risk and solvency assessment requirement
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Terms Used In Utah Code 31A-16a-104
- Insurance: includes :(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
- Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
- Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
- ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
- Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
(143)(a)(143)(a)(i) of each material and relevant risk associated with the insurer or insurance group;(143)(a)(ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (143)(a)(i); and(143)(a)(iii) of the sufficiency of capital resources to support each risk described in Subsection (143)(a)(i); and(143)(b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Subject to Section 31A-16a-106, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an own risk and solvency assessment consistent with a process comparable to the ORSA guidance manual. The insurer or insurance group shall conduct the own risk and solvency assessment no less than annually but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.