Triggers - State Comparison Report

current as of January 01, 2020
Alabama

Discretionary Triggers

§27-44-8(a) If a member insurer is an impaired insurer. (Amended effective 1/1/13)

Mandatory Triggers

§27-44-8(b). If a member insurer is an insolvent insurer. (Amended effective 1/1/13)

Foreign Triggers

No separate provision. (Amended effective 1/1/13)

"Impaired Insurer"

§27-44-5(9) A member insurer which, after the effective date of this act, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 1/1/13)

"Insolvent Insurer"

§27-44-5(10) INSOLVENT INSURER. A member insurer which, after the effective date of this act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 1/1/13)

"Member Insurer"

§27-44-5(11) MEMBER INSURER. An insurer licensed or that holds a certificate of authority to transact in this state any kind of insurance to for which coverage is provided under Section 27–44–3, and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include any of the following: a. A hospital or medical service organization, whether profit or non-profit. b. A health care services plan. c. A cooperative hospital association. d. A health maintenance organization. e. A fraternal benefit society. f. A mandatory state pooling plan. g. A mutual assessment company or other person that operates on an assessment basis. h. An insurance exchange. i. An organization that has a certificate or license limited to the issuance of charitable gift annuities. j. An entity substantially similar to any of the above. (Amended effective 1/1/13).

Alaska

Discretionary Triggers

§21.79.060(a) If a member insurer is an impaired insurer. (Amended effective 07/01/18)

Mandatory Triggers

§21.79.060(b) If a member insurer is an insolvent insurer. (Amended effective 07/01/18)

Foreign Triggers

No separate provision. (Amended effective 07/01/18)

"Impaired Insurer"

§21.79.900(12). A member insurer that is not an insolvent insurer and that is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 07/01/18)

"Insolvent Insurer"

§21.79.900 (13). A member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 07/01/18)

"Member Insurer"

§21.79.900(14). An insurer licensed to transact insurance in the state, a hospital or medical service corporation licensed under AS 21.87, or a health maintenance organization licensed under AS 21.86, for which coverage is provided in AS 21.79.020 and includes an insurer, a hospital or medical service corporation licensed under AS 21.87, or a health maintenance organization licensed under AS 21.86, whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn; “member insurer” does not include (A) a fraternal benefit society licensed under AS 21.84; (B) a mandatory state pooling plan; (C) a mutual assessment company or an entity that operates on an assessment basis; (D) an insurance exchange licensed under AS 21.75; (E) an organization that has a license or certificate limited to the issuance of charitable gift annuities; or (F) an entity similar to one described under (A) — (E) of this paragraph (Amended effective 07/01/18)

Arizona

Discretionary Triggers

§20-685A. If a member insurer is an impaired insurer. (Amended effective 9/12/2013)

Mandatory Triggers

§20-685B. If a member insurer is an insolvent insurer. (Amended effective 9/12/2013)

Foreign Triggers

No separate provision. (Amended effective 9/12/2013)

"Impaired Insurer"

§20-681(8) “Impaired insurer” means a member insurer that is not an insolvent insurer and that is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 9/12/13.

"Insolvent Insurer"

§20-681(9) “Insolvent insurer” means a member insurer that is placed under an order of liquidation with a finding of insolvency by a court of competent jurisdiction. Amended effective 9/12/13.

"Member Insurer"

§20-681(10) “Member insurer” means an insurer or health care services organization that holds a certificate of authority to transact in this state any kind of insurance or health care services organization business to which this article applies and includes an insurer or health care services organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn. Member insurer does not include: (a) A fraternal benefit society licensed under chapter 4, article 4 of this title. (b) A hospital, medical, dental or optometric service corporation licensed under chapter 4, article 3 of this title. (c) A prepaid dental plan organization licensed under chapter 4, article 7 of this title. (d) A mandatory state pooling plan. (e) A mutual assessment company or other person that operates on an assessment basis. (f) A reciprocal insurance exchange licensed under chapter 4, article 2 of this title. (g) An entity that is similar to any of the entities described in this paragraph. (Amended effective 12/31/18)

Arkansas

Discretionary Triggers

§23-96-111. If a member insurer is an impaired insurer.

Mandatory Triggers

§23-96-112(a). If a member insurer is an insolvent insurer. (Amended effective 8/1/97).

Foreign Triggers

No separate provision under Act.

"Impaired Insurer"

§23-96-104(11). A member insurer which, after March 9, 1989, is not insolvent and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 07/24/19)

"Insolvent Insurer"

§23-96-104(12). A member insurer which, after March 9, 1989, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 07/24/19)

"Member Insurer"

§23-96-104(13). any insurer or health maintenance organization licensed or which holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under § 23-96-107, and includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A hospital or medical service organization, whether profit or nonprofit; (B) A fraternal benefit society; (C) A mandatory state pooling plan; (D) A burial association; (E) An insurance exchange; (F) Prepaid funeral trusts; (G) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or (H) Any entity similar to any of those listed in subdivisions (13)(A)-(G) of this section; (Amended effective 07/24/19)

California

Discretionary Triggers

§1067.07(a). If a member insurer is an impaired insurer. Amended effective 9.27.2010.

Mandatory Triggers

§1067.07(b). If a member insurer an insolvent insurer. Amended effective 9.27.2010.

Foreign Triggers

No separate provision. Amended effective 9.27.2010.

"Impaired Insurer"

§1067.04(j) “Impaired insurer” means a member insurer which, after the effective date of this article, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 9.27.2010.

"Insolvent Insurer"

§1067.04(k) “Insolvent insurer” means a member insurer that, after October 1, 1990, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 9.27.2010.

"Member Insurer"

§1067.04(l) “Member insurer” means any insurer licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 1067.02 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include any of the following: (1) A hospital or medical service organization, whether for profit or nonprofit. (2) A health maintenance organization. (3) A fraternal benefit society. (4) A mandatory state pooling plan. (5) A mutual assessment company or other person that operates on an assessment basis. (6) An insurance exchange. (7) An organization that has a certificate or license limited to the issuance of charitable gift annuities. (8) A grants and annuities society holding a certificate of authority under Section 11520. (9) An entity similar to any of the above. Amended effective 9.27.2010.

Colorado

Discretionary Triggers

§10-20-108(1). If a member insurer is an impaired insurer. (Added effective 3/15/2013)

Mandatory Triggers

§10-20-108(2). If a member insurer is an insolvent insurer (Amended effective 3/15/2013)

Foreign Triggers

No separte provision. (Amended effective 3/15/2013)

"Impaired Insurer"

§10-20-103(6.7) “Impaired insurer” means a member insurer that is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Added effective 3/15/13)

"Insolvent Insurer"

§10-20-103(7). A member insurer which is placed under an order or liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§10-20-103(8). Any insurer licensed or who holds a certificate of authority in Colorado to write any kind of insurance for which coverage is provided pursuant to section 10-20-104 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn; but "member insurer" does not include: (a) A nonprofit hospital or medical service organization; (b) A health maintenance organization; (c) A fraternal benefit society; (d) A mandatory state pooling plan; (e) CoverColorado; (f) A stipulated premium insurance company; (g) A local mutual burial association; (h) A mutual assessment company or any entity that operates on an assessment basis; (i) An interinsurance exchange; (i.5) A health care coverage cooperative; and (j) Any entity similar to those specified in this subsection (8).

Connecticut

Discretionary Triggers

§38a-865(a). If a member insurer is an impaired insurer.

Mandatory Triggers

§38a-865(b). If a member insurer is an insolvent insurer.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§38a-862(11). A member insurer that, after 10/1/72, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§38-862(12). A member insurer that, after 10/1/72, is placed under an order of liquidation by a court of competent jurisdication with a finding of insolvency.

"Member Insurer"

§38-862(13). any insurer or health care center licensed or holding a certificate of authority to issue in this state any kind of insurance or conduct any health care center business to which sections 38a-858 to 38a-875, inclusive, apply under section 38a-860, and may include an insurer or health care center whose license in this state has been suspended, revoked or voluntarily withdrawn;

Delaware

Discretionary Triggers

§4408(a). When a member insurer is impaired. Amended effective 06/25/02.

Mandatory Triggers

§4408(b). When a member insurer is insolvent. (Amended effective 06/25/02).

Foreign Triggers

No separate provision.

"Impaired Insurer"

§4405(11). A member insurer which is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 06/25/02.

"Insolvent Insurer"

§4405(12). A member insurer which is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 06/25/02.

"Member Insurer"

§4405(13). an insurer, managed care organization, or health maintenance organization licensed or that holds a certificate of authority to transact in this State any kind of insurance, managed care organization, or health maintenance organization business for which coverage is provided under § 4403 of this title, and includes an insurer, managed care organization, or health maintenance organization whose license or certificate of authority in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: a. A hospital or medical service organization, whether profit or nonprofit; b. [Repealed.] c. A fraternal benefit society; d. A mandatory state pooling plan; e. A mutual assessment company or other person that operates on an assessment basis; f. An insurance exchange; g. An organization which has a certificate or license limited to the issuance of charitable gift annuities; or h. An entity similar to any of the above.

District of Columbia

Discretionary Triggers

§31-5405(a). If a member insurer is an impaired domestic insurer.

Mandatory Triggers

§31-5405(b). When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. §31-5405(c). If a member insurer is insolvent.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§31-5401(5). A member insurer which is not an insolvent insurer and (a) is deemed by the Mayor to be potentially unable to fulfill its contractual obligations, or (b) is placed under an order of rehabilitation or conservation by a court of competent jurisdication.

"Insolvent Insurer"

§31-5401(6). A member insurer which is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§31-5401(8) "Member insurer" means any insurer licensed or holding a certificate of authority after July 22, 1992, in the District of Columbia to sell any kind of insurance for which coverage is provided under § 31-5402. The term "member insurer" shall include Group Hospitalization and Medical Services, Inc., as well as any insurer whose license or certificate of authority in the District of Columbia may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A nonprofit hospital or medical service organization; (B) A health maintenance organization; (C) A fraternal benefit society; (D) A mandatory state pooling plan; (E) A mutual assessment company or any entity that operates on an assessment basis; (F) A risk retention group; (G) An insurance exchange; (H) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or (I) Any entity similar to any of the above. (Amended effective 7/23/2014)

Florida

Discretionary Triggers

§631.717(1). When domestic insurer is impaired.

Mandatory Triggers

§631.717(2). If a domestic insurer is insolvent. §631.717(3). If a foreign or alien insurer is an insolvent insurer. However, this subsection does not apply when the department has determined that the foreign or alien insurer's domiciliary jurisdiction or state of entry provides, by statute, protection substantially similar to that provided by this part for residents of this state.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§631.714(5) A member insurer deemed by the department to be potentially unable to fulfill its contractual obligations and not an insolvent insurer.

"Insolvent Insurer"

§631.714(6). (6) “Insolvent insurer” means a member insurer authorized to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction. Amended effective 7.1.2010.

"Member Insurer"

§631.714(7). Any person licensed to transact in Florida any kind of insurance as set out in §631.713.

Georgia

Discretionary Triggers

§ 33-38-7 (a)(1). If a member insurer is an impaired insurer. (Amended effective 7/1/12)

Mandatory Triggers

§ 33-38-7 (a)(2). If a member insurer is an insolvent insurer. (Amended effective 7/1/12)

Foreign Triggers

No separate provision. (Amended effective 7/1/12)

"Impaired Insurer"

§ 33-38-4(11) ‘Impaired insurer’ means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction on or after July 1, 1981. (Amended effective 7/1/12)

"Insolvent Insurer"

§ 33-38-4(12) ‘Insolvent insurer’ means a member insurer against which an order of liquidation containing a finding of insolvency has been entered by a court of competent jurisdiction on or after July 1, 1981. (Amended effective 7/1/12)

"Member Insurer"

§ 33-38-4(13) ‘Member insurer’ means any insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33–38–2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A nonprofit hospital or medical service corporation , whether profit or nonprofit; (B) A health care corporation; (C) A health maintenance organization; (D) A fraternal benefit society; (E) A mandatory state pooling plan; (F) A mutual assessment company or any entity that operates on an assessment basis; (G) An insurance exchange; or (H) An organization that has a certificate or license limited to the issuance of charitable gift annuities under Code Sections 33–58–1 through 33–58–6; or (I) Any entity similar to those described in subparagraphs (A) through (H) of this paragraph. (Amended effective 7/1/12)

Hawaii

Discretionary Triggers

§431:16-208(a) If a member insurer is an impaired insurer. (Amended effective 7/1/12)

Mandatory Triggers

§431:16-208(b). If a member insurer is an insolvent insurer. (Amended effective 7/1/12)

Foreign Triggers

No separate provision. (Amended effective 7/1/12)

"Impaired Insurer"

§431:16-205. “Impaired insurer” means a member insurer that after July 1, 1988, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 7/1/12)

"Insolvent Insurer"

§431:16-205. A member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§431:16-205. “Member insurer” means any insurer licensed or who holds a certificate of authority to transact in this State any kind of insurance for which coverage is provided under section 431:16–203, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (1) A nonprofit hospital or medical service organization; (2) A health maintenance organization; (3) A fraternal benefit society; (4) A mandatory state pooling plan; (5) A mutual assessment company or any entity that operates on an assessment basis; (6) An insurance exchange; (7) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or (8) Any entity similar to any of the above. (Amended effective 7/1/12)

Idaho

Discretionary Triggers

§41-4308(1). If a member insurer is an impaired insurer. Amended effective 7/1/11.

Mandatory Triggers

§41-4308(2) If a member insurer is an insolvent insurer. Amended effective 7/1/11.

Foreign Triggers

No separate provision under Act. Prior provision repealed effective 7/1/11.

"Impaired Insurer"

§41-4305(10) "Impaired insurer" means a member insurer: (a) Deemed by the director after the effective date of this chapter to be potentially unable to fulfill its contractual obligations and not an insolvent insurer; or (b) Which, after the effective date of this chapter, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 7/1/11.

"Insolvent Insurer"

§41-4305 (11) "Insolvent insurer" means a member insurer which, after the effective date of this chapter, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 7/1/11.

"Member Insurer"

§41-4305(13)(a) "Member insurer" means an insurer licensed or that holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under section 41-4303, Idaho Code, and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn. (b) "Member insurer" does not include: (i) A hospital or medical service corporation or organization, whether profit or nonprofit; (ii) A fraternal benefit society; (iii) A mandatory state pooling plan; (iv) A mutual assessment company or other person that operates on an assessment basis; (v) An insurance exchange; (vi) An organization that issues charitable gift annuities under section 41-120, Idaho Code; (vii) A mutual benefit association; (viii) A reciprocal insurer; (ix) A limited managed care plan; (x) A self-funded health care plan; or (xi) A consumer operated and oriented plan established under section 1322 of the patient protection and affordable care act, P.L. 111-148.

Illinois

Discretionary Triggers

215 ILCS 5/531.08(a)(1). If a member insurer is an impaired insurer. Amended effective 8.20.2010.

Mandatory Triggers

215 ILCS 5/531.08(a)(2). If a member insurer is an insolvent insurer. Amended effective 8.20.2010.

Foreign Triggers

No separate provision. Amended effective 8.20.2010.

"Impaired Insurer"

215 ILCS 5/531.05 “Impaired insurer” means (A) a member insurer which, after the effective date of this amendatory Act of the 96th General Assembly, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction or (B) a member insurer deemed by the Director after the effective date of this amendatory Act of the 96th General Assembly to be potentially unable to fulfill its contractual obligations and not an insolvent insurer. Amended effective 8.20.2010.

"Insolvent Insurer"

215 ILCS 5/531.05 “Insolvent insurer” means a member insurer that, after the effective date of this amendatory Act of the 96th General Assembly, is placed under a final order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 8.20.2010.

"Member Insurer"

215 ILCS 5/531.05 “Member insurer” means an insurer or health maintenance organization licensed or holding a certificate of authority to transact in this State any kind of insurance or health maintenance organization business for which coverage is provided under Section 531.03 of this Code and includes an insurer or health maintenance organization whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn or whose certificate of authority may have been suspended pursuant to Section 119 of this Code, but does not include: (1) a hospital or medical service organization, whether profit or nonprofit; (2) (blank); (3) any burial society organized under Article XIX of this Code [215 ILCS 5/338 et seq.], any fraternal benefit society organized under Article XVII of this Code [215 ILCS 5/282.1 et seq.], any mutual benefit association organized under Article XVIII of this Code [215 ILCS 5/316 et seq.], and any foreign fraternal benefit society licensed under Article VI of this Code [215 ILCS 5/254 et seq.]; (4) a mandatory State pooling plan; (5) a mutual assessment company or other person that operates on an assessment basis; (6) an insurance exchange; (7) an organization that is permitted to issue charitable gift annuities pursuant to Section 121-2.10 of this Code [215 ILCS 5/121-2.10]; (8) any health services plan corporation established pursuant to the Voluntary Health Services Plans Act [215 ILCS 165/1 et seq.]; (9) any dental service plan corporation established pursuant to the Dental Service Plan Act [215 ILCS 110/1 et seq.]; or (10) an entity similar to any of the above.

Indiana

Discretionary Triggers

§27-8-8-5(a). If a member insurer is an impaired insurer. Amended effective 3/28/06.

Mandatory Triggers

§27-8-8-5(c). If a member insurer is an insolvent insurer. Amended effective 3/28/06.

Foreign Triggers

No separate provision under Act. Amended effective 3/28/06.

"Impaired Insurer"

§27-8-8-2(q) “Impaired insurer” means a member insurer that is: (1) not an insolvent insurer; and (2) placed under an order of rehabilitation or conservation by a court with jurisdiction.

"Insolvent Insurer"

§27-8-8-2(r) “Insolvent insurer” means a member insurer that is placed under an order of liquidation with a finding of insolvency by a court with jurisdiction.

"Member Insurer"

§27-8-8-2(s) “Member insurer” means any person that holds a certificate of authority to transact in Indiana any kind of insurance or health maintenance organization business for which coverage is provided under section 2.3 of this chapter. The term includes an insurer whose certificate of authority to transact such insurance in Indiana may have been suspended, revoked, not renewed, or voluntarily withdrawn but does not include the following: (1) A for-profit or nonprofit hospital or medical service organization. (2) A fraternal benefit society under IC 27-11. (3) The Indiana Comprehensive Health Insurance Association or any other mandatory state pooling plan or arrangement. (4) An assessment company or another person that operates on an assessment plan (as defined in IC 27-1-2-3(y)). (5) An interinsurance or reciprocal exchange authorized by IC 27-6-6. (6) A farm mutual insurance company under IC 27-5.1. (7) A person operating as a Lloyds under IC 27-7-1. (8) The political subdivision risk management fund established by IC 27-1-29-10 and the political subdivision catastrophic liability fund established by IC 27-1-29.1-7. (9) A person similar to any person described in subdivisions (1) through (8).

Iowa

Discretionary Triggers

§508C.8.1. If a member insurer is an impaired insurer. §508C.8.2. If a member insurer is an insolvent insurer.

Mandatory Triggers

No mandatory provision.

Foreign Triggers

See Discretionary Triggers.

"Impaired Insurer"

§508C.5. 10. “Impaired insurer” means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§508C.5. 11. “Insolvent insurer” means a member insurer which is placed under an order of liquidation with a finding of insolvency by a court of competent jurisdiction.

"Member Insurer"

§508C.5. 12. “Member insurer” means an insurer or health maintenance organization which is licensed or which holds a certificate of authority to transact in this state any kind of insurance or health maintenance business for which coverage is provided under section 508C.3, and including an insurer or health maintenance organization whose license or certificate of authority in this state has been suspended, revoked, not renewed, or voluntarily withdrawn but does not include any of the following: a. An entity which is a licensed company specified in section 508C.3, subsection 4, paragraph “f” or “g”. b. A mandatory state pooling plan. c. A mutual assessment company or other person which operates on an assessment basis. d. An insurance exchange. e. An entity which issues a charitable gift annuity under chapter 508F. f. An entity whose only business in this state is operating as a managed care organization. For purposes of this paragraph, “managed care organization” means an entity that is under contract with the Iowa department of human services to provide services to Medicaid recipients and that also meets the definition of “health maintenance organization” in section 514B.1. g. An entity similar to any of the entities enumerated in this subsection.

Kansas

Discretionary Triggers

§40-3008(a). If a member insurer is an impaired insurer. (Amended effective 7/1/2011).

Mandatory Triggers

§40-3008(b) If a member insurer is an insolvent insurer. (Amended effective 7/1/2011).

Foreign Triggers

No separate provision. (Amended effective 7/1/2011).

"Impaired Insurer"

§40-3005(f) "Impaired insurer" means a member insurer which, after the effective date of this act, is not an insolvent insurer, and which: (1) Is deemed by the commissioner to be potentially unable to fulfill its contractual obligations; or (2) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction; (Amended effective 7/1/2011).

"Insolvent Insurer"

§40-3005(g). A member insurer which becomes insolvent and is placed under a final order of liquidation by a court of competent jurisdiction.

"Member Insurer"

§40-3005(h) "Member insurer" means any insurer licensed or holding a certificate of authority to transact in this state any kind of insurance for which coverage is provided under K.S.A. 40-3003, and amendments thereto, and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, nonrenewed or voluntarily withdrawn, but does not include: (1) A hospital or medical service organization regardless of whether such hospital or medical service organization is organized for profit or not-for-profit; (2) a health maintenance organization; (3) a fraternal benefit society; (4) a mandatory state pooling plan; (5) a mutual assessment company or any entity that operates on an assessment basis; (6) an insurance exchange, except a reciprocal or interinsurance exchange governed by the provisions of article 16 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto; or (7) any entity similar to any of the organizations listed in paragraphs (1) through (6) inclusive; (Amended effective 7/1/2011).

Kentucky

Discretionary Triggers

KRS 304.42-080(1). If a member insurer is impaired. (Eff. 7/15/98)

Mandatory Triggers

KRS 304.42-080(2). If a member insurer is insolvent. (Eff. 7/15/98)

Foreign Triggers

No separate provision.

"Impaired Insurer"

KRS 304.42-050(10). A member insurer which after June 17, 1978, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (eff. 7/15/98)

"Insolvent Insurer"

KRS 304.42-050(11). A member insurer which after June 17, 1978, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

KRS 304.42-050(12). “Member insurer” means any insurer or health maintenance organization licensed or authorized to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under KRS 304.42-030, and includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (a) A nonprofit hospital, medical-surgical, dental, and health service corporation, as defined by Subtitle 32 of this chapter; (b) A fraternal benefit society; (c) A mandatory state pooling plan; (d) An assessment or cooperative insurer or any entity that operates on an assessment basis; (e) An insurance exchange; (f) Any entity similar to the above; or (g) A limited health service organization;

Louisiana

Discretionary Triggers

LSA-R.S. 22:2087.A. If a member insurer is an impaired insurer. (Amended effective 8/1/2014)

Mandatory Triggers

LSA-R.S. 22:2087.B. If a member insurer is an insolvent insurer. (Amended effective 8/1/2014)

Foreign Triggers

No separate provision. (Amended effective 8/1/2014)

"Impaired Insurer"

LSA-R.S. 22:2084(6). "Impaired insurer" means a member insurer which, after September 30, 1991, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 8/1/2014)

"Insolvent Insurer"

LSA-R.S. 22:2084(7). A member insurer which after September 30, 1991, is placed under an order by a court of competent jurisdiction with a finding of insolvency. Codified effective 6.21.2008.

"Member Insurer"

LSA-R.S. 22:2084(8) “Member insurer” means any insurer licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided by R.S. 22:2083, and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but shall not include any of the following: (a) Repealed by Acts 2018, No. 97, § 2, effective August 1, 2018. (b) A fraternal benefit society. (c) A mandatory state pooling plan. (d) A mutual assessment company or any entity that operates on an assessment basis. (e) An insurance exchange. (f) A hospital or medical service organization, whether operated for profit or as a nonprofit. (g) An organization that issues charitable gift annuities as is defined in R.S. 22:952(A)(3). (h) Any entity similar to any of the above.

Maine

Discretionary Triggers

§4608.1. If a member insurer is an impaired insurer. Amended effective 9/17/05.

Mandatory Triggers

§4608.3-A. If a member insurer is an insolvent insurer. (Amended effective 9/17/05)

Foreign Triggers

No separate provision under Act. (Amended effective 9/17/2005)

"Impaired Insurer"

§4605-A.10. Impaired insurer. "Impaired insurer" means a member insurer that, after the effective date of this section, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 9/17/05.

"Insolvent Insurer"

§4605-A.11. Insolvent insurer. "Insolvent insurer" means a member insurer that, after the effective date of this section, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 9/17/05.

"Member Insurer"

§4605-A.12. "Member insurer” means an insurer or health maintenance organization that is licensed or that holds a certificate of authority to transact in this State any kind of insurance, annuity or health maintenance organization business for which coverage is provided under section 4603 and includes an insurer or health maintenance organization whose license or certificate of authority in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: A. A hospital or medical service organization, whether profit or nonprofit; . C. A fraternal benefit society; D. A mandatory state pooling plan; E. A mutual assessment company or other person that operates on an assessment basis; F. An insurance exchange; G. An organization that has a certificate or license limited to the issuance of charitable gift annuities under this Title; or H. An entity similar to any of those listed in this subsection.

Maryland

Discretionary Triggers

§ 9-407(a). If a member insurer is an impaired insurer. (Amended effective 10/1/12)

Mandatory Triggers

§ 9-407(b). If a member insurer is an insolvent insurer. (Amended effective 10/1/12)

Foreign Triggers

No separate provision. (Amended effective 10/1/12)

"Impaired Insurer"

§9-401(g) “Impaired insurer” means an insurer that: (1) after July 1, 1971, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction; or (2) is determined by the Commissioner after July 1, 1971, to be unable or potentially unable to fulfill its contractual obligations. (Amended effective 10/1/12)

"Insolvent Insurer"

§9-401(i) “Insolvent insurer” means a member insurer that, after July 1, 1971, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 10/1/12)

"Member Insurer"

§9-401(j)(1) “Member insurer” means an authorized insurer that writes a kind of insurance to which this subtitle applies. (2) “Member insurer” includes an insurer whose license or certificate of authority in the State may have been suspended, revoked, not renewed, or voluntarily withdrawn. (3) “Member insurer” does not include: (i) a health maintenance organization; (ii) a fraternal benefit society; (iii) a mandatory State pooling plan; (iv) a mutual assessment company or other entity that operates on an assessment basis; or (v) an insurance exchange. (Amended effective 10/1/12)

Massachusetts

Discretionary Triggers

§146B(8)(A). If a member is an impaired insurer (Amended effective 3/19/2015)

Mandatory Triggers

§146B(8)(B). If a member insurer is an insolvent insurer (Amended effective 3/19/2015)

Foreign Triggers

No separate provision. (Amended effective 3/19/2015)

"Impaired Insurer"

§146B(2). A member insurer which, is not an insolvent insurer, and (i) is deemed by the commissioner to be potentially unable to meet its obligations, or (ii) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§146B(2). A member insurer which is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§146B (2) "Member insurer", any insurer licensed or which holds a certificate of authority to transact in the commonwealth any kind of insurance for which coverage is provided under subsection (4) and any insurer whose license or certificate of authority to transact in the commonwealth such insurance may have been suspended, revoked, not renewed, or voluntarily withdrawn after the effective date of this section, other than a (a) fraternal benefit society, (b) mutual protective association, (c) mutual assessment company or other entity that operates on an assessment basis, (d) medical service corporation, (e) hospital service corporation, (f) health maintenance organization, (g) dental service corporation, (h) optometric service corporation, (i) mandatory state pooling plan, (j) insurance exchange, or (k) any other entity similar to any of the above.

Michigan

Discretionary Triggers

§500.7708(2). If a member insurer is an impaired insurer. *NOTE: this provision is updated as of 1/10/2007.

Mandatory Triggers

§500.7708(3)-(4). When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. §500.7708(5). If a member insurer is insolvent.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§500.7705(i). A member insurer considered by the commissioner after May 1, 1982, to be potentially unable to fulfill the insurer's contractual obligations or that is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Impaired does not mean insolvent.

"Insolvent Insurer"

§500.7705(j). A member insurer that after May 1, 1982, becomes insolvent and is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§500.7705(k). A person authorized to transact a kind of insurance or annuity business in this state for which coverage is provided under section 7704 and includes an insurer whose certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn. Member insurer does not include the following: (i) A fraternal benefit society. (ii) A cooperative plan insurer authorized under chapter 64. (iii) A health maintenance organization authorized or licensed under chapter 35. (iv) A mandatory state pooling plan.(v) A mutual assessment or any entity that operates on an assessment basis. (vi) A nonprofit dental care corporation operating under 1963 PA 125, MCL 550.351 to 550.373. (vii) A nonprofit health care corporation operating under the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1704. (viii) An insurance exchange. (ix) An organization that has a certificate or license limited to the issuance of charitable gift annuities. (x) Any entity similar to the entities described in this subdivision. *NOTE: This provision is updated as of 1/10/2007.

Minnesota

Discretionary Triggers

§61B.23, subd.1. If a member insurer is an impaired domestic insurer.

Mandatory Triggers

§61B.23, subd.2. When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. §61B.23, subd.3. If a member insurer is insolvent.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§61B.20, subd.11. A member insurer that is not an insolvent insurer and (1) is placed under an order of rehabilitation, or conservation by a court of competent jurisdiction or (2) is determined by the commissioner to be potentially unable to fulfill its contractual obligations.

"Insolvent Insurer"

§61B.20, subd.12. A member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. The order of liquidation is the initial order granting request to begin a liquidation.

"Member Insurer"

§61B.20, Subd. 13. An insurer licensed or holding a certificate of authority to transact in Minnesota any kind of insurance for which coverage is provided under section 61B.19, subdivision 2, and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn. The term does not include: (1) a nonprofit hospital or medical service organization, other than a nonprofit health service plan corporation that operates under chapter 62C; (2) a health maintenance organization; (3) a fraternal benefit society; (4) a mandatory state pooling plan; (5) a mutual assessment company or an entity that operates on an assessment basis; (6) an insurance exchange; (7) a community integrated service network; or (8) an entity similar to those listed in clauses (1) to (7).

Mississippi

Discretionary Triggers

§83-23-215(1). When a member insurer is impaired. (Amended effective 3-15-99).

Mandatory Triggers

§83-23-215(2). When a member insurer is insolvent.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§83-23-209(j). A member insurer which, after the effective date of this article, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 3-15-99)

"Insolvent Insurer"

§83-23-209(k). A member insurer which after the effective date of this article, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 3-15-99)

"Member Insurer"

§83-23-209(l). An insurer licensed or that holds a certificate of authority to transact in Mississippi any kind of insurance for which coverage is provided under Section 83-23-205, and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (i) A hospital or medical service organization whether profit or nonprofit; (ii) A health maintenance organization; (iii) A fraternal benefit society; (iv) A mandatory state pooling plan; (v) A mutual assessment company or other person that operates on an assessment basis; (vi) An insurance exchange; or (vii) Any entity similar to any of the above.

Missouri

Discretionary Triggers

§376.724.1. If a member insurer is an impaired insurer. Amended 7.13.2010.

Mandatory Triggers

§376.724.2. If a member insurer is an insolvent insurer. Amended 7.13.2010.

Foreign Triggers

No separate provision under Act. Amended 7.13.2010.

"Impaired Insurer"

§376.718(9) “Impaired insurer”, a member insurer which, after August 13, 1988, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction;

"Insolvent Insurer"

§376.718(10) “Insolvent insurer”, a member insurer which, after August 13, 1988, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency;

"Member Insurer"

§376.718 (11) “Member insurer”, any insurer, health maintenance organization, or health services corporation licensed or which holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under section 376.717, and includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (a) A fraternal benefit society; (b) A mandatory state pooling plan; (c) A mutual assessment company or any entity that operates on an assessment basis; (d) An insurance exchange; (e) An organization that issues qualified charitable gift annuities, as defined in section 352.500, and does not hold a certificate or license to transact insurance business; or (f) Any entity similar to any of the entities listed in paragraphs (a) to (e) of this subdivision;

Montana

Discretionary Triggers

§33-10-219. If a member insurer is an impaired insurer. (Amended effective July 1, 2003)

Mandatory Triggers

§33-10-220. (2) If a member insurer is an insolvent insurer. (Amended effective 3/18/2011)

Foreign Triggers

No separate provision.

"Impaired Insurer"

§33-10-202(10) “Impaired insurer” means a member insurer that is not an insolvent insurer and that is placed under an order of rehabilitation or supervision by a court of competent jurisdiction.

"Insolvent Insurer"

§33-10-202(11) “Insolvent insurer” means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction upon a finding of insolvency.

"Member Insurer"

§33-10-202(13) (a) “Member insurer” means an insurer, health service corporation, or health maintenance organization that is licensed or that holds a certificate of authority to transact any kind of insurance in this state for which coverage is provided under this part and includes any insurer, health service corporation, or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn. (b) The term does not include: (i) a hospital or medical service organization, whether for profit or not for profit; (ii) a fraternal benefit society; (iii) a mandatory state pooling plan; (iv) a mutual assessment company or any other person that operates on an assessment basis; (v) an insurance exchange; (vi) a multiple employer welfare arrangement as defined in 29 U.S.C. 1002; (vii) an organization that has a certificate or license limited to the issuance of charitable gift annuities; or (viii) an entity similar to any of the entities listed in subsections (13)(b)(i) through (13)(b)(vii).

Nebraska

Discretionary Triggers

§44-2707(1). When an insurer is impaired.

Mandatory Triggers

§44-2707(2). When a member insurer is insolvent.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§44-2702(11) Impaired insurer means a member insurer which, after August 24, 1975, (a) is deemed by the director to be potentially unable to fulfill its contractual obligations and is not an insolvent insurer and (b) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction;

"Insolvent Insurer"

§44-2702(12) Insolvent insurer means a member insurer which, after August 24, 1975, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency;

"Member Insurer"

§44-2702(13) Member insurer means an insurer or health maintenance organization licensed or that holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided for under section 44-2703. Member insurer includes any insurer or health maintenance organization whose license or certificate of authority may have been suspended, revoked, not renewed, or voluntarily withdrawn. Member insurer does not include: (a) A hospital or medical service organization, whether profit or nonprofit; (b) A fraternal benefit society; (c) A mandatory state pooling plan; (d) A mutual assessment company or other person that operates on an assessment basis; (e) An assessment association operating under Chapter 44 which issues only policies or contracts subject to assessment; (f) An insurance exchange; (g) An organization that has a certificate or license limited to the issuance of charitable gift annuities; (h) A viatical settlement provider, a viatical settlement broker, or a financing entity under the Viatical Settlements Act; or (i) An entity similar to any entity listed in subdivisions (13)(a) through (h) of this section;

Nevada

Discretionary Triggers

§686C.150. When a member insurer is impaired. Amended effective 1/1/02.

Mandatory Triggers

§686C.152. When a member insurer is insolvent.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§686C.090. “Impaired insurer” means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 7/1/15).

"Insolvent Insurer"

§686C.095. “Insolvent insurer” means a member insurer which is ordered to liquidate by a court of competent jurisdiction after a finding of insolvency. (Amended effective 7/1/15)

"Member Insurer"

§686C.100. “Member insurer” means an insurer which is licensed or holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided in this chapter or a health maintenance organization which holds a certificate of authority to operate in this State. The term includes an insurer or health maintenance organization whose license or certificate of authority in this state has been suspended, revoked, not renewed or voluntarily withdrawn. The term does not include: 1. A fraternal benefit society; 2. A mandatory state pooling plan; 3. A mutual assessment company or other person that operates on the basis of assessments; 4. An insurance exchange; 5. An organization that is authorized only to issue charitable gift annuities under NRS 688A.281 to 688A.285, inclusive; 6. A reinsurance program operated by the State Government; or 7. An organization similar to any of those listed in subsections 1 to 6, inclusive.

New Hampshire

Discretionary Triggers

§408-F:8.I. If a member insurer is an impaired domestic insurer.

Mandatory Triggers

§404-F:8.II. When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. §404-B:8.III. If a member insurer is insolvent. Amended effective 1/1/96.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§408-F:4.VII. “Impaired insurer” means a member insurer which, on or after January 1, 2020, is not an insolvent insurer; and (a) Is deemed by the commissioner to be potentially unable to fulfill its contractual obligations; or (b) Is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§408-F:4.VIII. “Insolvent insurer” means a member insurer which on or after January 1, 2020, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§408-F:4.IX. “Member insurer” means any insurer or health maintenance organization licensed or which holds a certificate of authority to transact in this state any kind of insurance or health insurance organization business for which coverage is provided under RSA 408-F:5, and includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (a) A nonprofit hospital or medical service organization. (b) A fraternal benefit society. (c) A mandatory state pooling plan. (d) A mutual assessment company or any entity that operates on an assessment basis. (e) An insurance exchange. (f) An organization that has a certificate or license limited to the issuance of charitable gift annuities under RSA 403-E. (g) Any entity similar to any of the above.

New Jersey

Discretionary Triggers

§17B:32A-7.a. When a domestic insurer is impaired.

Mandatory Triggers

§17B:32A-7.b. When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. §17B:32A-7.c. If a member insurer is insolvent.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§17B:32A-4. A member insurer which is (1) determined by the commissioner to be potentially unable to fulfill its contractual obligations; or (2) placed under an order of receivership, rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§17B:32A-4. A member insurer which, after the effective date of the act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§17B:32A-4. Any insurer licensed in New Jersey or which holds a certificate of authority to transact any kind of insurance in this State for which coverage is provided under section 3 of this act, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (1) A dental service corporation established pursuant to the provisions of P.L.1968, c. 305 (C. 17:48C-1 et seq.); (2) A dental plan organization established pursuant to the provisions of P.L.1979, c. 478 (C. 17:48D-1 et seq.); (3) A health maintenance organization established pursuant to the provisions of P.L.1973, c. 337 (C. 26:2J-1 et seq.); (4) A fraternal benefit society established pursuant to the provisions of P.L.1959, c. 167 (C. 17:44A-1 et seq.); (5) A mandatory state pooling plan; (6) A mutual assessment company or any entity that operates on an assessment basis to the extent of the assessment liability of its members; (7) An insurance exchange; or (8) An entity similar to any of the above.

New Mexico

Discretionary Triggers

§59A-42-7.A. If a member insurer is an impaired insurer. (Amended effective 7/1/12)

Mandatory Triggers

§59A-42-7.B. If a member insurer is an impaired insurer. (Amended effective 7/1/12)

Foreign Triggers

No separate provision.

"Impaired Insurer"

§59A-42-3.K. “impaired insurer” means a member insurer that, after the effective date of the Life and Health Insurance Guaranty Association Act, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction; (Amended effective 7/1/12)

"Insolvent Insurer"

§59A-42-3.L. “insolvent insurer” means a member insurer that after the effective date of the Life and Health Insurance Guaranty Association Act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency; (Amended effective 7/1/12)

"Member Insurer"

§ 59A-42-3.M. “member insurer” means an insurer that is licensed or that holds a certificate of authority to transact in this state insurance for which coverage is provided pursuant to Section 59A-42-4 NMSA 1978 and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (1) a health care plan, whether profit or nonprofit; (2) a health maintenance organization; (3) a prepaid dental plan; (4) a fraternal benefit society; (5) a mandatory state pooling plan; (6) a mutual assessment company or other person that operates on an assessment basis; (7) an insurance exchange; (8) a charitable organization that is in good standing with the superintendent pursuant to Section 59A-1-16.1 NMSA 1978; (9) any insurer that was insolvent or unable to fulfill its contractual obligations as of April 9, 1975; or (10) an entity similar to any of the above. (Amended effective 7.1.2014).

New York

Discretionary Triggers

No separate provision.

Mandatory Triggers

§7708(a). When a domestic insurer is an impaired or insolvent insurer.

Foreign Triggers

§7708(b). When a foreign or alien insurer is impaired or insolvent.

"Impaired Insurer"

§7705(f). Actual impairment, as defined in Sections 1310 and 1311, and placement under a court order of liquidation, rehabilitation, or conservation.

"Insolvent Insurer"

§7705(g). A member insurer which after the effective date of this article becomes insolvent for the purposes of §1309 of this chapter and is placed under a final order of liquidation, rehabilitation or conservation by a court of competent jurisdiction.

"Member Insurer"

§ 7705(h) "Member insurer" means any life insurance company licensed to transact in this state any kind of insurance to which this article applies under section seven thousand seven hundred three of this article; provided, however, that the term "member insurer" also means any life insurance company formerly licensed to transact in this state any kind of insurance to which this article applies under section seven thousand seven hundred three of this article. (Amended effective 11/21/2014)

North Carolina

Discretionary Triggers

§58-62-36(a). If a member insurer is an impaired insurer

Mandatory Triggers

§58-62-36(d). If a member insurer is an insolvent insurer

Foreign Triggers

No Separate provision

"Impaired Insurer"

§58-62-16(8). A member insurer which is not an insolvent insurer, and (i) is deemed by the commissioner to be potentially unable to fulfill its contractual obligations or (ii) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§58-62-16(9). A member insurer which is placed under an order of liquidation with a finding of insolvency by a court of competent jurisdication.

"Member Insurer"

§58-62-16(11). "Member insurer" means any insurer, health maintenance organization that is governed by Article 67 of this Chapter, and any hospital or medical service corporation that is governed by Article 65 of this Chapter and that is licensed or that holds a license to transact in this State any kind of insurance or health maintenance organization business for which coverage is provided under G.S. 58-62-21; and includes any insurer or health maintenance organization whose license in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include a fraternal order or fraternal benefit society; mandatory State pooling plan; mutual assessment company or any entity that operates on an assessment basis; insurance exchange; or any entity similar to any of the foregoing.

North Dakota

Discretionary Triggers

§26.1-38.1-05.1. When a member insurer is impaired.

Mandatory Triggers

§26.1-38.1-05.2. When a member insurer is insolvent. Amended effective 8/1/99.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§26.1-38.1-02.11. “Impaired insurer” means a member insurer that, after July 1, 1989, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§26.1-38.1-02.12. “Insolvent insurer” means a member insurer which, after July 1, 1989, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§26.1-38.1-02.13. “Member insurer” means any insurer or health maintenance organization licensed or which holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under section 26.1-38.1-01. The term includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: a. A fraternal benefit society; b. A mandatory state pooling plan; c. A mutual assessment company or other person that operates on an assessment basis; d. An insurance exchange; e. An organization that has a certificate or license limited to the issuance of charitable gift annuities under sections 26.1-34.1-01 through 26.1-34.1-07; or f. Any entity similar to any of the above.

Ohio

Discretionary Triggers

§3956.08(A). When a domestic insurer is impaired.

Mandatory Triggers

§3956.08(C). When a member insurer is insolvent.

Foreign Triggers

§3956.08(B). When a foreign or alien insurer is impaired and not paying claims timely.

"Impaired Insurer"

§3956.01(D). “Impaired insurer” means a member insurer that, after November 20, 1989, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 12.22.2015)

"Insolvent Insurer"

§3956.01(E). “Insolvent insurer” means a member insurer that, after November 20, 1989, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§3956.01(F)(1) Any insurer that holds a certificate of authority or is licensed to transact in Ohio any kind of insurance for which coverage is provided under section 3956.04 of the Revised Code, and includes any insurer whose certificate of authority or license in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn after November 20, 1989. (2) "Member insurer" does not include any of the following: (a) A health insuring corporation; (b) A fraternal benefit society; (c) A self-insurance or joint self-insurance pool or plan of the state or any political subdivision of the state; (d) A mutual protective association; (e) An insurance exchange; (f) Any person who qualifies as a "member insurer" under section 3955.01 of the Revised Code and who does not receive premiums on covered policies or contracts; (g) Any entity similar to any of those described in divisions (F)(2)(a) to (f) of this section. (3) "Member insurer" includes any insurer that operates any of the entities described in division (F)(2) of this section as a line of business, and not as a separate, affiliated legal entity, and otherwise qualifies as a member insurer.

Oklahoma

Discretionary Triggers

§2028.A. If a member insurer is an impaired insurer, Amended effective 11/1/2010.

Mandatory Triggers

§2028.B. If a member insurer is an insolvent insurer, Amended effective 11/1/2010.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§2024.8. “Impaired insurer” means a member insurer which, after the effective date of this act, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction;

"Insolvent Insurer"

§2024.9. “Insolvent insurer” means a member insurer which, after the effective date of this act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency;

"Member Insurer"

§2024.10. “Member insurer” means any nonprofit hospital service and medical indemnity corporation and any insurer or health maintenance organization licensed or that holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under Section 2025 of this title, and includes any insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: a. a fraternal benefit society, b. a mandatory state-pooling plan, c. a mutual assessment company or other person that operates on an assessment basis, d. an insurance exchange, e. an organization that has a certificate or license limited to the issuance of charitable gift annuities under Sections 4071 through 4082 of this title, or f. any entity similar to any of the above;

Oregon

Discretionary Triggers

§734.810(1) If a domestic member insurer is an impaired insurer. Amended effective 5/27/2011.

Mandatory Triggers

§734.810(2) If a member insurer is an insolvent insurer.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§734.760(6) “Impaired insurer” means a member insurer that is subject to an order of rehabilitation under ORS 734.063 or an order of conservation under ORS 734.200 after September 13, 1975. “Impaired insurer” does not include an insolvent insurer. Amended effective 5/27/2011.

"Insolvent Insurer"

§734.760(7) “Insolvent insurer” means a member insurer that, after September 13, 1975, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 5/27/2011.

"Member Insurer"

§ 734.760(9)(a) “Member insurer” means any insurer currently authorized to transact in this state any kind of insurance to which ORS 734.750 to 734.890 apply , regardless of whether the insurer's authorization to transact insurance was, in the past, suspended, revoked, not renewed or voluntarily withdrawn. (b) “Member insurer” does not include: (A) A hospital or medical service organization, whether for-profit or nonprofit; (B) A health maintenance organization; (C) A fraternal benefit society; (D) A mandatory state pooling plan; (E) A mutual assessment company or other person that operates on an assessment basis; (F) An insurance exchange; or (G) An organization that has a certificate of authority limited to the issuance of charitable gift annuities under ORS 731.038. Amended effective 5/27/2011.

Pennsylvania

Discretionary Triggers

40 PS §991.1706(a). When a domestic insurer is impaired.

Mandatory Triggers

40 PS §991.1706(b). When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. 40 PS §991.1706(c). If a member insurer is insolvent.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

40 PS §991.1702. A member insurer which, after the effective date of this article, is not an insolvent insurer and: (1) is deemed by the Insurance Commissioner to be potentially unable to fulfill its contractual obligations; or (2) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

40 PS §991.1702. A member insurer, which after the effective date of this article, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

40 PS §991.1702. Any insurer licensed or which holds a certificate of authority to transact in this Commonwealth any kind of insurance for which coverage is provided under section 1703 and includes any insurer whose license or certificate of authority in this Commonwealth may have been suspended, revoked, not renewed or voluntarily withdrawn. The term does not include any of the following: (1) A nonprofit hospital or medical service organization. (2) A health maintenance organization. (3) A fraternal benefit society. (4) A mandatory State pooling plan. (5) A mutual assessment company or any entity that operates on an assessment basis. (6) An insurance exchange. (7) Any entity similar to any of the above.

Puerto Rico

Discretionary Triggers

T.26 § 3908.(a). If a member insurer is an impaired domestic insurer.

Mandatory Triggers

T.26 § 3908.(b). When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. T.26 § 3908.(c). If a member insurer is insolvent.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

T.26 § 3905.(5). A member insurer which, after the effective date of this article, is not an insolvent insurer and: (1) is deemed by the Insurance Commissioner to be potentially unable to fulfill its contractual obligations; or (2) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

T.26 § 3905.(6). A member insurer, which after the effective date of this article, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

26 L.P.R.A. § 3905(7) "Member insurer" means any insurer having a license or certificate of authority to transact in Puerto Rico any of the kinds of insurance for which coverage is provided under § 3903 of this title, and includes any insurer whose license or certificate of authority in Puerto Rico may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (a) A nonprofit medical-hospital services organization, and any assistance or mutual aid association which operates any medical-surgical service plan in Puerto Rico; (b) a health services organization, as defined in § 1901 et seq. of this title; (c) a charitable fraternal society; (d) a mandatory state pooling association; (e) a mutual assessment company or any entity that operates on the basis of assessments; (f) an insurance exchange; or (g) any entity similar to any of those mentioned above.

Rhode Island

Discretionary Triggers

§27-34.3-8(a) If a member insurer is an impaired insurer. (Amended effective 1/1/05).

Mandatory Triggers

§27-34.3-8(b). If a member insurer is an insolvent insurer. (Amended effective 1/1/05).

Foreign Triggers

No separate provision.

"Impaired Insurer"

§27-34.3-5(10) A member insurer which is not an insolvent insurer, and (i) Is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 1/1/05).

"Insolvent Insurer"

§27-34.3-5(11) A member insurer which after January 1, 1996, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 1/1/05).

"Member Insurer"

§27-34.3-5(12) Any insurer licensed or which holds a certificate of authority to transact in Rhode Island any kind of insurance for which coverage is provided under §27-34.3-3, and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (i) A hospital or medical service organization, whether profit or nonprofit; or (ii) A health maintenance organization; or (iii) A fraternal benefit society; or (iv) A mandatory state pooling plan; or (v) A mutual assessment company or other person that operates on an assessment basis; or (vi) An insurance exchange; or (vii) An organization that has a certificate or license limited to the issuance of charitable gift annuities; or (viii) An entity similar to any of the above. (Amended effective 1/1/05).

South Carolina

Discretionary Triggers

§38-29.70(1). When a domestic insurer is impaired.

Mandatory Triggers

§38-29.70(3). When a domestic insurer is impaired under an order of liquidation or rehabilitation.

Foreign Triggers

§38-29.70(2). When a foreign or alien insurer is impaired under an order of liquidation, rehabilitation or conservation.

"Impaired Insurer"

§38-29.20(5). An insurer which becomes insolvent and is placed under a final order of liquidation, rehabilitation, or conservation by a court of competent jurisdiction, or an insurer considered by the director to be unable or potentially unable to fulfill its contractual obligations.

"Insolvent Insurer"

Not defined by Act.

"Member Insurer"

§ 38-29-20(6) "Member insurer" means any person authorized to transact in this State any kind of insurance to which this chapter applies under Section 38-29-40.

South Dakota

Discretionary Triggers

§58-29C-51A. When a member insurer is an impaired insurer. Effective July 1, 2003 (prior statute repealed).

Mandatory Triggers

§58-29C-51B. When a member insurer is insolvent. Effective July 1, 2003 (prior statute repealed).

Foreign Triggers

No separate provision.

"Impaired Insurer"

§58-29C-48(10). A member insurer which, after July 1, 2003, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Effective July 1, 2003 (prior statute repealed).

"Insolvent Insurer"

§58-29C-48(11). A member insurer which after July 1, 2003, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Effective July 1, 2003 (prior statute repealed).

"Member Insurer"

§58-29C-48(12) “Member insurer,” an insurer licensed or that holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under § 58–29C–46, and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (a) A hospital or medical service organization, whether for profit or nonprofit; (b) A health maintenance organization; (c) A fraternal benefit society; (d) A mandatory state pooling plan; (e) A mutual assessment company or other person that operates on an assessment basis; (f) An insurance exchange; (g) An organization engaged in the issuance of charitable gift annuities, which is described in § 58–1–16; or (h) An entity similar to any of the above; (Amended effective 7/1/13)

Tennessee

Discretionary Triggers

§ 56-12-207 (a) If a member insurer is an impaired insurer; Amended 4/5/2010

Mandatory Triggers

§ 56-12-207 (b) If a member insurer is an insolvent insurer; Amended 4/5/2010

Foreign Triggers

No separate provision.

"Impaired Insurer"

§56-12-203 (8) "Impaired insurer" means a member insurer which, after the effective date of this part, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction; Amended 4/5/2010

"Insolvent Insurer"

§56-12-203 (9) "Insolvent insurer" means a member insurer which after the effective date of this part, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency; Amended 4/5/2010

"Member Insurer"

§56-12-203 (12) "Member insurer" means an insurer, health maintenance organization, or nonprofit hospital and medical service organization licensed or that holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under § 56-12-204, and includes an insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A fraternal benefit society; (B) A mandatory state pooling plan; (C) A mutual assessment company or other person that operates on an assessment basis; (D) An insurance exchange; (E) An organization that is authorized under the law of this state to issue charitable gift annuities; or (F) An entity similar to any of the above;

Texas

Discretionary Triggers

§463.251. When a member insurer is an impaired domestic insurer.

Mandatory Triggers

§463.252, 463.253. When a member insurer is impaired, not paying claims timely, and (1) if domestic, has been placed under an order of rehabilitation by a court of competent jurisdiction; or (2) if foreign, has been prohibited from soliciting or accepting new business in this state, the insurer's certificate of authority has been suspended or revoked in this state and a petition for rehabilitation has been filed in a court of competent jurisdiction in the insurer's domestic state. If a member insurer is insolvent. Codified effective 9/1/07.

Foreign Triggers

See Mandatory Triggers.

"Impaired Insurer"

§463.003(5). A member insurer that is designated an “impaired insurer” by the commissioner and is: (A) placed by a court in this state or another state under an order of supervision, liquidation, rehabilitation, or conservation; (B) placed under an order of liquidation or rehabilitation under the provisions of Articles 21.28 of the Texas Insurance Code; or (C) placed under an order of supervision or conservation by the commissioner under the provisions of Articles 21.28-A of the Texas Insurance Code. Amended effective 9/1/05. Codified effective 9/1/07.

"Insolvent Insurer"

§463.003(6). A member insurer that has been placed under an order of liquidation with a finding of insolvency by a court in this state or another state. Amended effective 9/1/05. Codified effective 9/1/07.

"Member Insurer"

§ 463.003(7) "Member insurer" means an insurer that is required to participate in the association under Section 463.052. §463.052 Required Participation in Association …(a) As a condition of engaging in the business of insurance in this state, an insurer, including a mutual assessment company, a local mutual aid association, a statewide mutual assessment company, a stipulated premium company, and a health maintenance organization authorized to engage in business in this state, shall participate as a member of the association if the insurer holds a certificate of authority to engage in a kind of insurance business in this state with respect to which this chapter provides coverage as determined under Subchapter E. The requirement to participate applies regardless of whether the insurer’s certificate of authority in this state is suspended, revoked, not renewed, or voluntarily withdrawn. (b) The following do not participate as member insurers: (1) a fraternal benefit society; (2) a mandatory state pooling plan; (3) a reciprocal or interinsurance exchange; (4) an organization which has a certificate of authority or license limited to the issuance of charitable gift annuities, as defined by this code or rules adopted by the commissioner; and (5) an entity similar to an entity described by Subdivision (1), (2), (3), or (4).

Utah

Discretionary Triggers

§31A-28-108(1)(a). When a member insurer is impaired. Amended effective 4/30/01.

Mandatory Triggers

§31A-28-108(2). When a member insurer is insolvent.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§31A-28-105(12) “Impaired insurer” means a member insurer that is not an insolvent insurer and: (a) is considered by the commissioner to be hazardous pursuant to this title; or (b) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent Insurer"

§31A-28-105(13) “Insolvent insurer” means a member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§ 31A-28-105 (14) (a) “Member insurer” means an insurer that holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 31A-28-103. (b) “Member insurer” includes an insurer whose license or certificate of authority in this state may have been: (i) suspended; (ii) revoked; (iii) not renewed; or (iv) voluntarily withdrawn. (c) “Member insurer” does not include: (i) a for-profit or nonprofit: (A) hospital; (B) hospital service organization; or (C) medical service organization; (ii) a fraternal benefit society; (iii) a mandatory state pooling plan; (iv) a mutual assessment company or other person that operates on an assessment basis; (v) an insurance exchange; (vi) an organization described in Subsection 31A-22-1305(2); or (vii) an entity similar to an entity described in Subsections (14)(c)(i) through (vi).

Vermont

Discretionary Triggers

§4158(1). If a member insurer is an impaired insurer. Amended effective 7.1.2010.

Mandatory Triggers

§4158(2). If a member insurer is an insolvent insurer. Amended effective 7.1.2010.

Foreign Triggers

No separate provision. Amended effective 7.1.2010.

"Impaired Insurer"

8 V.S.A. § 4155(7) “Impaired insurer” means a member insurer which, after the effective date of this subchapter, is not an insolvent insurer and who is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 7.1.2010.

"Insolvent Insurer"

8 V.S.A. § 4155(8) “Insolvent insurer” means a member insurer which, after the effective date of this subchapter, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 7.1.2010.

"Member Insurer"

8 V.S.A. § 4155(9) "Member insurer" means any person authorized to transact in this state any kind of insurance to which this subchapter applies under section 4153 of this title.

Virginia

Discretionary Triggers

§38.2-1704.A. If the member insurer is an impaired insurer. Amended effective 7/1/2010.

Mandatory Triggers

§38.2-1704.B. If the member insurer is an insolvent insurer. Amended effective 7/1/2010.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§38.2-1701. A member insurer considered by the Commission to be potentially unable to fulfill its contractual obligations. Amended effective 7/1/2010.

"Insolvent Insurer"

§38.2-1701. A member insurer that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. Amended effective 7/1/2010.

"Member Insurer"

§38.2-1701. "Member insurer" means an insurer or health maintenance organization licensed to transact in the Commonwealth any class of insurance or health maintenance organization business to which this chapter applies under § 38.2-1700, including an insurer or health maintenance organization whose license to transact the business of insurance in the Commonwealth has been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include cooperative nonprofit life benefit companies, mutual assessment life, accident and sickness insurance companies, burial societies, fraternal benefit societies, dental and optometric services plans, and health services plans not subject to this chapter pursuant to § 38.2-4213.

Washington

Discretionary Triggers

§48.32A.075(1) If a member insurer is an impaired insurer.

Mandatory Triggers

§48.32A.075(2) If a member insurer is an insolvent insurer. Amended effective 7/22/01.

Foreign Triggers

No separate provision.

"Impaired Insurer"

§48.32A.045(10) A member insurer which, after the effective date of this section, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. Amended effective 7/22/01.

"Insolvent Insurer"

§48.32A.045(11) A member insurer which, after the effective date of this section, is placed under an order of liquidation by a court of competent jurisdiction with a find of insolvency. Amended effective 7/22/01.

"Member Insurer"

§48.32A.045(12) An insurer licensed, or that holds a certificate of authority, to transact in Washington any kind of insurance for which coverage is provided under RCW 48.32A.025, and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (a) A health care service contractor, whether profit or nonprofit; (b) A health maintenance organization; (c) A fraternal benefit society; (d) A mandatory state pooling plan; (e) A mutual assessment company or other person that operates on an assessment basis; (f) An insurance exchange; (g) An organization that has a certificate or license limited to the issuance of charitable gift annuities under RCW 48.38.010; or (h) An entity similar to (a) through (g) of this subsection.

West Virginia

Discretionary Triggers

§33-26A-8(a). If a member insurer is an impaired insurer. (Amended effective 7.10.09).

Mandatory Triggers

§33-26A-8(b). If a member insurer is an insolvent insurer. (Amended effective 7.10.09).

Foreign Triggers

No separate provision.

"Impaired Insurer"

§33-26A-5(11). “Impaired insurer” means a member insurer which, after the effective date of this article, is not an insolvent insurer, and (1) is deemed by the commissioner to be potentially unable to fulfill its contractual obligations or (2) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 7.10.09).

"Insolvent Insurer"

§33-26A-5(12) “Insolvent insurer” means a member insurer which, after the effective date of this article, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Amended effective 7.10.09).

"Member Insurer"

§33-26A-5(13) “Member insurer” means any insurer or health maintenance organization licensed or which holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided under §33-26A-3 of this code, and includes an insurer or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, and includes nonprofit service corporations as defined in §33-24-1 et seq. of this code and health care corporations as defined in §33-25-1 et seq. of this code, but does not include: (A) A fraternal benefit society; (B) A mandatory state pooling plan; (C) A mutual assessment company or any entity that operates on an assessment basis; (D) An insurance exchange; (E) An organization which has a certificate or license limited to the issuance of charitable gift annuities under §33-13B-1 et seq. of this code; or (F) Any entity similar to any of the above.

Wisconsin

Discretionary Triggers

No provision.

Mandatory Triggers

§646.35(3)(am) If an insurer that is subject to this chapter is in liquidation. (Amended effective 4/30/04).

Foreign Triggers

No separate provision.

"Impaired Insurer"

No provision. Removed effective 5.28.2010.

"Insolvent Insurer"

646.03(2p) "Insolvent insurer" means an insurer subject to this chapter that is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. (Added effective 4/30/04).

"Member Insurer"

No provision

Wyoming

Discretionary Triggers

§26-42-106(a). If a member insurer is an impaired insurer. (Amended effective 7/1/2014)

Mandatory Triggers

§26-42-106(d). If a member insurer is an insolvent insurer. (Amended effective 7/1/2014)

Foreign Triggers

No separate provision. (Amended effective 7/1/2014)

"Impaired Insurer"

§26-42-102(a)(ix). "Impaired insurer" means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (Amended effective 7/1/2014)

"Insolvent Insurer"

§26-42-102(a)(x). A member insurer which, after the effective date of this act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member Insurer"

§26-42-102(a)(xi). “Member insurer” means any insurer or health maintenance organization which is licensed or holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided by W.S. 26-42-103 and includes any insurer or health maintenance organization business whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include: (A) Repealed By Laws 1997, ch. 125, § 1. (B) Repealed by Laws 1995, ch. 210, § 5. (C) A fraternal benefit society; (D) A mandatory state pooling plan; (E) A stipulated premium insurance company; (F) A local mutual burial association; (G) A mutual assessment company or any entity that operates on an assessment basis; (H) An insurance exchange; or (J) Any entity similar to any of the above.

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