Section 988 Of Article 13. Insolvency From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 13.
988
. (a) As used in this section:
(1) "Impaired" means a financial situation in which the assets of
an insurer are less than the sum of the insurer's minimum required
capital, minimum required surplus and all liabilities as determined
in accordance with the requirements for the preparation and filing of
the annual statement of an insurer.
(2) "Chief executive officer" means the person, irrespective of
title, designated by the board of directors or trustees of an insurer
as the person charged with the responsibility of administering and
implementing the insurer's policies and procedures.
(b) Whenever an insurer is impaired, its chief executive officer
shall immediately notify the commissioner, in writing of that
impairment and shall also immediately notify in writing all of the
board of directors or trustees of the insurer. Any officer, director,
or trustee of an insurer shall notify the person serving as chief
executive officer of the impairment of the insurer in the event the
officer, director, or trustee knows or has reason to know that the
insurer is impaired.
(c) Any person who violates this section shall, upon conviction
thereof, be fined not more than fifty thousand dollars ($50,000) or
be imprisoned in the county jail for not more than one year, or both.