§431:3-215  Withdrawal from State; obligations.  (a)  No insurer other than a life insurer shall withdraw from this State until its direct liability to its policyholders and obligees under all its insurance contracts then in force in this State has been assumed by another authorized insurer under an agreement approved by the commissioner.

     (b)  The assuming insurer shall, within a reasonable time, replace the assumed insurance contracts with its own, or by endorsement thereon acknowledge its liability under the assumed contracts.

     (c)  Six months prior to withdrawing from this State, an insurer shall file an affidavit with the commissioner showing that:

     (1)  It desires to withdraw from this State and to discontinue business in this State; and

     (2)  All of its outstanding policies have been either reinsured or have expired.  If the outstanding policies are reinsured, the withdrawing insurer shall also submit the reinsurer's affidavit stating that it has reinsured all the outstanding policies of the withdrawing insurer upon risks in this State or upon business originating in this State.  The reinsurer shall be an insurer authorized to carry on the business of insurance in this State.

     (d)  The insurer shall return for cancellation its current certificate of authority and licenses for producers issued by the commissioner.

     (e)  Six months prior to withdrawing from this State, an insurer shall, in addition to other requirements, publish in this State a notice of withdrawal once each week for the first eight successive weeks, and again in the last four successive weeks in the sixth month in a newspaper of daily circulation; provided that the commissioner shall have the discretion to waive the notice requirement.  The notice of withdrawal as published shall have the prior approval of the commissioner. [L 1987, c 347, pt of §2; am L 1993, c 199, §1; am L 2002, c 155, §9; am L 2004, c 122, §10]