in-20260715-IR-760260021FRA: INSURANCE HOLDING COMPANY SYSTEMS

TITLE 760 DEPARTMENT OF INSURANCE Final Rule LSA Document #26-21 DIGEST INSURANCE HOLDING COMPANY SYSTEMS Amends 760 IAC 1-15.1-3 concerning the ultimate controlling person of an insurer that furnishes the required information on Form F when filing an enterprise risk report. Amends 760 IAC 1-15.1-3.5 concerning requirements for cost sharing and management services agreements between affiliates. Adds 760 IAC 1-15.1-3.6 concerning group capital calculations. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20260211-IR-760260021FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20260211-IR-760260021RAA Date of First Hearing: March 18, 2026 CITATIONS AFFECTED: 760 IAC 1-15.1 SUMMARY/RESPONSE TO COMMENTS The Indiana Department of Insurance (IDOI) requested public comment from February 11, 2026, through March 13, 2026, and during the public hearing on March 18, 2026. The IDOI received no comments in response to the Notice of First Public Comment Period. FINAL RULE Sec. 3. (a) A person required to file or amend a statement regarding a proposed acquisition of control under IC 27-1-23-2 shall furnish the required information on Form A as provided in section 4 of this rule. (b) An insurer required to file or amend a registration statement under IC 27-1-23-3 shall furnish the required information on Form B as provided in section 5 of this rule. (c) An insurer required to file an annual registration statement under IC 27-1-23-3 is also required to furnish the information required on Form C, as provided in section 6 of this rule, and shall file a Form C with the commissioner. (d) An insurer required to give notice of a proposed transaction under IC 27-1-23-4 shall furnish the required information on Form D as provided in section 7 of this rule. (e) If: that person shall file a preacquisition notification form, Form E. No A preacquisition notification form does not need to be filed if the acquisition is beyond the scope of IC 27-1-23-2.5(c). In addition to the information required by Form E, the commissioner may require an expert opinion as to the competitive impact of the proposed acquisition. (f) The ultimate controlling person of an insurer required to file an enterprise risk report under IC 27-1-23-3 shall furnish the required information on Form F as provided in section 7.2 of this rule. (f) (g) Forms A through F are intended to be guides in the preparation of the statements required by IC 27-1-23-2 through IC 27-1-23-4. They are not intended to be blank forms that are to be filled in. (g) (h) The statements filed shall must contain the numbers and captions of all items, but the text of the items may be omitted, provided the answers thereto are prepared in such a manner as to indicate way that clearly indicates the scope and the coverage of the items. (h) All (i) Instructions, whether appearing under the items of the forms or elsewhere, are to be omitted. Unless expressly provided otherwise, if any an item is inapplicable or the answer thereto is in the negative, an appropriate statement to that effect shall must be made. (i) (j) Three (3) complete copies of each statement, including exhibits and all other papers and documents filed as part thereof, shall of a statement, must be filed with the commissioner by personal delivery or mail addressed to: At least one (1) of the copies shall must be signed in the manner prescribed on the form. Unsigned copies shall will be conformed. If the signature of any person is affixed pursuant to by a power of attorney or other similar authority, a copy of the power of attorney or other authority shall must also be filed with the statement. (j) (k) Statements should be prepared on paper eight and one-half (8 1/2) inches by eleven (11) inches in size, and preferably bound at the top left hand corner. Exhibits and financial statements, unless specifically prepared for the filing, may be submitted in their original size. (k) (l) If a hearing is requested on a consolidated basis, in addition to filing the Form A with the commissioner, the acquiring person shall file a copy of Form A with the NAIC in electronic form. (l) All (m) Copies of any statement, financial statement, or exhibit shall must be clear, easily readable, and suitable for review and reproduction. Debits in credit categories and credits in debit categories shall must be designated so as to be clearly distinguishable as such on photocopies. (m) (n) Statements, attached exhibits, and all other documents filed with the commissioner shall must be in the English language, and monetary values shall be stated in United States currency. If any exhibit or other paper or document filed with the statement is in a foreign language, it shall must be accompanied by a translation into the English language, and any monetary value shown in a foreign currency normally shall must be converted into United States currency. Sec. 3.5. (a) An insurer required to give notice of a proposed transaction in accordance with IC 27-1-23-4 shall furnish the required information on Form D. (b) Agreements for cost sharing services and management services shall must at a minimum least, and as applicable, do the following: Sec. 3.6. (a) Where an insurance holding company system has previously filed the annual group capital calculation at least once, the lead state commissioner has the discretion to exempt the ultimate controlling person from filing the annual group capital calculation if the lead state commissioner makes a determination based on that filing that the insurance holding company system meets the following criteria: (b) Where an insurance holding company system has previously filed the annual group capital calculation at least once, the lead state commissioner has the discretion to accept, instead of the group capital calculation, a limited group capital filing if the insurance holding company system has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of less than one billion dollars ($1,000,000,000) and the following additional criteria are met: (c) For an insurance holding company that has previously met an exemption with respect to the group capital calculation under subsection (a) or (b), the lead state commissioner may require at any time the ultimate controlling person to file an annual group capital calculation, completed in accordance with the NAIC Group Capital Calculation Instructions, if any of the following criteria are met: (d) A non-U.S. jurisdiction is considered to recognize and accept the group capital calculation if it satisfies the following criteria: (e) A list of non-U.S. jurisdictions that recognize and accept the group capital calculation will be published through the NAIC Committee Process as follows: LSA Document #26-21 Notice of First Public Comment Period: February 11, 2026 Approved by Attorney General: June 10, 2026 Approved by Governor: June 11, 2026 Filed with Publisher: June 15, 2026, 12:44 p.m. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Claire Szpara, General Counsel, Department of Insurance, 311 West Washington Street, Suite 103, Indianapolis, IN 46204, (317) 232-5312, cszpara@idoi.in.gov