Title 33, Chapter 3, Section 8
( 33-3-8)
(a) The Commissioner shall not issue a certificate of authority to
transact insurance to any insurer unless the insurer has deposited
in trust with this state securities eligible for the investment of
capital funds of domestic insurers under this title in an amount not
less than that required in subsection (b) of this Code section.
This Code section does not apply to farmers' mutual fire insurance
companies. (b)(1) Except as otherwise provided in this subsection, the amount
of the deposit required under this Code section for a certificate
to transact any one class of insurance shall be $100,000.00; to
transact each additional class of insurance, the amount of deposit
shall be $25,000.00, subject to the limitation that not more than
$200,000.00 total deposit shall be required for any combination of
classes. (2) As to any foreign insurer, in lieu of such deposit or part of
such deposit in this state, the Commissioner shall accept the
current certificate in proper form of the public official having
supervision over insurers in any other state to the effect that a
like deposit or part of like deposit by such insurer is being
maintained in public custody in such state in trust for the
purpose, among other reasonable purposes, of protection of
policyholders and creditors or of the protection of all the
insurer's policyholders or of all of its policyholders and
obligees. (3) As to any alien insurer, other than a title insurer, which has
entered through and the United States branch of which is licensed
to transact insurance in another state, in lieu of such deposit or
part thereof in this state, the Commissioner shall accept the
certificate of the official having supervision over insurance of
such other state in the United States, given under his or her hand
and seal, that the insurer maintains within the United States by
way of deposits with public depositories, or in trust institutions
within the United States approved by such official, assets
available for discharge of its United States insurance
obligations, which assets shall be in an amount not less than the
outstanding liabilities of the insurer arising out of its
insurance transactions in the United States together with the
larger of the following sums: the largest deposit required by this
title to be made in this state by any type of domestic insurer
transacting like kinds of insurance or $300,000.00. (4) As to any alien insurer entering through this state to
transact insurance in the United States through a United States
branch, such insurer shall deposit in accordance with Chapter 12
of this title assets available for discharge of its United States
insurance obligations, which assets shall be in an amount not less
than the outstanding liabilities of the insurer arising out of its
insurance transactions in the United States together with the
larger of the following sums: the largest deposit required by this
title to be made in this state by any type of domestic insurer
transacting like kinds of insurance or $300,000.00. |