(a) An insurer may be subject to administrative supervision by the commissioner if, upon examination or at any other time it appears in the commissioner’s discretion that any of the following applies:
(1) The insurer’s condition renders the continuance of its business hazardous to the public or to its insureds.
(2) The insurer appears to have exceeded its powers granted under its certificate of authority and applicable law.
(3) The insurer has failed to comply with the applicable provisions of the Insurance Code.
(4) The business of the insurer is being conducted fraudulently.
(5) The insurer gives its consent.
(b) If the commissioner determines that the conditions set forth in subdivision (a) exist, the commissioner shall do all of the following:
(1) Notify the insurer of his or her determination.
(2) Furnish to the insurer a written list of the requirements to abate this determination.
(3) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating the provisions of the article. The action by the commissioner shall be subject to review pursuant to Section 12940.
(c) If placed under administrative supervision, the insurer shall have 60 days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner subject to the provisions of this article.
(d) If it is determined after notice and hearing that the conditions giving rise to the supervision still exist at the end of the supervision period specified above, the commissioner may extend the period.
(e) If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision.
(Added by Stats. 1991, Ch. 986, Sec. 8.)
Last modified: October 25, 2018