Title 33, Chapter 14, Section 22
( 33-14-22)
(a) If the capital of a domestic stock insurer becomes impaired or
the assets of a domestic mutual insurer are less than its
liabilities and the minimum amount of surplus required of it by this
chapter for authority to transact the kinds of insurance being
transacted, the Commissioner shall at once determine the amount of
the deficiency and serve notice upon the insurer to make good the
deficiency within 60 days after service of the notice. (b) The deficiency may be made good in cash or in assets eligible
under this title for the investment of the insurer's funds; or if a
stock insurer by reduction of the insurer's capital to an amount not
below the minimum required for the kinds of insurance thereafter to
be transacted; or if a mutual insurer, by amendment of its
certificate of authority to cover only such kinds of insurance for
which the insurer has on deposit sufficient surplus. (c) If the deficiency is not made good and proof of the act filed
with the Commissioner within such 60 day period, the insurer shall
be deemed insolvent and the Commissioner shall institute delinquency
proceedings against it as authorized by this title. If the
deficiency exists because of increased loss reserves required by the
Commissioner or because of disallowance by the Commissioner of
certain assets or reduction of the value at which carried in the
insurer's accounts, the Commissioner may in his or her discretion
and upon application and good cause shown extend for not more than
an additional 60 days the period within which the deficiency may be
so made good and the proof thereof so filed. |