382.200. Reasonable surplus, how determined.

Reasonable surplus, how determined.

382.200. For the purposes of sections 382.010 to 382.300 indetermining whether an insurer's surplus as regards policyholdersis reasonable in relation to the insurer's outstandingliabilities and adequate to its financial needs, the followingfactors, among others, shall be considered:

(1) The size of the insurer as measured by its assets,capital and surplus, reserves, premium writings, insurance inforce and other appropriate criteria;

(2) The extent to which the insurer's business isdiversified among the several lines of insurance;

(3) The number and size of risks insured in each line ofbusiness;

(4) The extent of the geographical dispersion of theinsurer's insured risks;

(5) The nature and extent of the insurer's reinsuranceprogram;

(6) The quality, diversification and liquidity of theinsurer's investment portfolio;

(7) The recent past and projected future trend in the sizeof the insurer's investment portfolio;

(8) The surplus as regards policyholders maintained byother comparable insurers;

(9) The adequacy of the insurer's reserves; and

(10) The quality and liquidity of investments insubsidiaries made pursuant to sections 382.010 to 382.300. Thedirector may treat any such investment as a disallowed asset forpurposes of determining the adequacy of surplus as regardspolicyholders whenever in his judgment such investment sowarrants.

(L. 1971 S.B. 101 § 23, A.L. 1992 H.B. 1574)