As used in ARM 6.6.2601 through 6.6.2606 and Title 33, chapter 27, MCA, the following definitions apply unless the context requires otherwise:

(1) "Health" means that assets in an independent liability fund are really worth the amount assigned to them and that all investments and assets contained in an independent liability fund meet the criteria established by 33-2-501 , 33-2-502 , and Title 33, chapter 2, part 8, MCA, and have been properly valued as investments and assets of that nature would be valued under 33-2-532 , MCA. "Health" does not mean that the investments and assets contained in an independent liability fund are sufficient to cover claims.

(2) "Inviolability" means that the business entity establishing the independent liability fund has provided security, third-party oversight, or both, in accordance with these rules so as to satisfy the commissioner that the investments and assets that comprise the independent liability fund cannot be misappropriated or dissipated in violation of the requirements of the laws governing independent liability funds.

(3) "Secure" means that there is a reasonable expectation that an independent liability fund will remain inviolable over the time period it is to remain available to pay the costs of third-party liability claims.

(4) "Viable" means the reasonable expectation that the

investments and assets that make up an independent liability

fund will retain their value or increase in value over the time period they are to remain available to pay the costs of any third-party liability claim.