Idaho Code
Chapter 38 - ACQUISITIONS OF CONTROL AND INSURANCE HOLDING COMPANY SYSTEMS
Section 41-3811 - ADEQUACY OF SURPLUS.

41-3811. ADEQUACY OF SURPLUS. For purposes of this chapter, in determining whether an insurer’s surplus regarding policyholders is reasonable in relation to the insurer’s outstanding liabilities and adequate to meet its financial needs, the following factors, among others, shall be considered:
(1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria;
(2) The extent to which the insurer’s business is diversified among several lines of insurance;
(3) The number and size of risks insured in each line of business;
(4) The extent of the geographical dispersion of the insurer’s insured risks;
(5) The nature and extent of the insurer’s reinsurance program;
(6) The quality, diversification and liquidity of the insurer’s investment portfolio;
(7) The recent past and projected future trend in the size of the insurer’s investment portfolio;
(8) The surplus regarding policyholders maintained by other comparable insurers;
(9) The adequacy of the insurer’s reserves;
(10) The quality and liquidity of investments in affiliates; the director may treat any investment in an affiliate as a disallowed asset for purposes of determining the adequacy of surplus regarding policyholders whenever in the judgment of the director the investment so warrants; and
(11) The quality of the insurer’s earnings and the extent to which the reported earnings include extraordinary items.

History:
[41-3811, added 2013, ch. 266, sec. 2, p. 668.]

Structure Idaho Code

Idaho Code

Title 41 - INSURANCE

Chapter 38 - ACQUISITIONS OF CONTROL AND INSURANCE HOLDING COMPANY SYSTEMS

Section 41-3801 - PURPOSE.

Section 41-3802 - DEFINITIONS.

Section 41-3803 - SUBSIDIARIES OF INSURERS.

Section 41-3804 - ACQUISITION OF CONTROL OF CONTROLLING INTEREST WITH DOMESTIC INSURER — ACQUISITION OF MERGER OR DIVESTITURE OF CONTROLLING INTEREST WITH DOMESTIC INSURER.

Section 41-3805 - TENDER OFFER MATERIAL.

Section 41-3806 - APPROVAL BY DIRECTOR — HEARINGS.

Section 41-3807 - MAILING — PAYMENT OF EXPENSES.

Section 41-3808 - ACQUISITIONS INVOLVING INSURERS NOT OTHERWISE COVERED.

Section 41-3809 - REGISTRATION OF HOLDING COMPANY SYSTEM INSURERS.

Section 41-3810 - STANDARDS AND MANAGEMENT OF AN INSURER WITHIN AN INSURANCE HOLDING COMPANY SYSTEM.

Section 41-3811 - ADEQUACY OF SURPLUS.

Section 41-3812 - DIVIDENDS AND OTHER DISTRIBUTIONS.

Section 41-3813 - MANAGEMENT OF DOMESTIC INSURERS SUBJECT TO REGISTRATION.

Section 41-3814 - EXAMINATION.

Section 41-3815 - SUPERVISORY COLLEGES.

Section 41-3815A - GROUP-WIDE SUPERVISION OF INTERNATIONALLY ACTIVE INSURANCE GROUPS.

Section 41-3816 - CONFIDENTIAL TREATMENT.

Section 41-3817 - RULES.

Section 41-3818 - INJUNCTIONS, PROHIBITIONS AGAINST VOTING SECURITIES, SEQUESTRATION OF VOTING SECURITIES.

Section 41-3819 - SANCTIONS.

Section 41-3820 - RECEIVERSHIP.

Section 41-3821 - RECOVERY.

Section 41-3822 - REVOCATION, SUSPENSION OR NONRENEWAL OF INSURER’S LICENSE.

Section 41-3823 - JUDICIAL REVIEW — MANDAMUS.

Section 41-3824 - MUTUAL INSURANCE HOLDING COMPANIES.

Section 41-3825 - SEVERABILITY.