Section 760 IAC 1-78-9 - Notification of adverse financial conditionAuthority: IC 27-1-3-7
Affected: IC 27-1-3.5
Sec. 9.
(a) The insurer required to furnish the annual audited financial report shall require the independent certified public accountant to report, in writing, within five (5) business days to the board of directors or its audit committee any determination by the independent certified public accountant that the insurer: (1) has materially misstated its financial condition as reported to the commissioner as of the balance sheet date currently under audit; or(2) does not meet the minimum capital and surplus requirement set forth in IC 27 as of that date. An insurer that has received a report under this section shall forward a copy of the report to the commissioner within five (5) business days of receipt of the report and shall provide the independent certified public accountant making the report with evidence of the report being furnished to the commissioner. If the independent certified public accountant fails to receive the evidence within the required five (5) business day period, the independent certified public accountant shall furnish to the commissioner a copy of its report within the next five (5) business days.
(b) No independent certified public accountant shall be liable in any manner to any person for any statement made in connection with subsection (a) if the statement is made in good faith in compliance with subsection (a).(c) If the accountant, after the date of the audited financial report filed under this rule, becomes aware of facts that might have affected the accountant's report, the accountant must take such action as prescribed in Volume 1, Section AU 561 of the Professional Standards of the AICPA. Department of Insurance; 760 IAC 1-78-9; filed Oct 27, 2009, 2:52 p.m.: 20091125-IR-760090376FRAReadopted filed 11/20/2015, 9:25 a.m.: 20151216-IR-760150341RFAReadopted filed 11/15/2021, 8:32 a.m.: 20211215-IR-760210419RFA