Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-63-1309. Confidentiality--Prohibition on announcements--Prohibition on use in ratemaking

(b)(1) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to its RBC levels is a regulatory tool that may show the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Except as otherwise required under this subchapter, the making, publishing, disseminating, circulating, or placing before the public or causing directly or indirectly to be made, published, distributed, circulated, or placed before the public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of an insurer or of any component derived in the calculation by an insurer, agent, broker, or other person engaged in any way in the insurance business would be misleading and is prohibited.

(2) If a materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or any of them or an inappropriate comparison of any other amount to the insurer's RBC levels is published in a written publication and the insurer may demonstrate to the commissioner with substantial proof the falsity of the statement or the inappropriateness, as the case may be, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.

(1) Are intended solely for use by the commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and

(2) Shall not be used by the commissioner: