§431:5-102  Impairment of surplus.

  (a)(1)  A domestic mutual insurer's surplus shall be deemed to be impaired if its qualified assets are less than its liabilities, plus the amount of any surplus required by this code for the classes of insurance authorized to be transacted.

     (2)  If a domestic mutual insurer's surplus is deemed to be impaired, the commissioner shall at once ascertain the amount of the deficiency and serve notice upon the insurer to cure the deficiency within ninety days after service of such notice.

     (b)  The insurer shall cure the deficiency in cash or in assets eligible under this code for the investment of the insurer's funds.

     (c)  If the deficiency is not cured and proof thereof filed with the commissioner within such ninety-day period, the insurer shall be deemed insolvent and shall be proceeded against as authorized by article 15.

     (d)  If the deficiency is not cured the insurer shall not issue or deliver any policy after the expiration of such ninety-day period.  Any officer or director who violates or knowingly permits the violation of this provision shall be fined not less than $500 nor more than $10,000 for each violation. [L 1987, c 347, pt of §2]