56-2-120 - Insurers Financial requirements Hearings. - Tennessee Statutes

56-2-120. Insurers Financial requirements Hearings.

(a)  In addition to the minimum requirements set out in §§ 56-2-114 and 56-2-115, and notwithstanding any other law to the contrary, the commissioner may require, after notice and hearing, additional amounts so that an insurer's capital, surplus funds, or surplus as regards policyholders shall be reasonable in relation to the insurer's outstanding liabilities and premiums, and adequate to its financial needs. For purposes of this part, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and premiums and adequate to 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 the 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 as regards policyholders maintained by other comparable insurers;

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

     (10)  The quality and liquidity of investments in affiliates. The commissioner may treat the investments as a disallowed asset for purposes of determining the adequacy or surplus as regards policyholders whenever, in the commissioner's judgment, the investment so warrants.

(b)  Before the commissioner takes any action pursuant to this section, the commissioner shall give written notice to the insurer involved, stating specifically the nature of the alleged deficiency in capital and surplus. Within ten (10) days after receiving notice, the insurer may request a hearing, which shall be held within thirty (30) days of the request. The burden of proof shall be on the commissioner to show the inadequacy of capital and surplus by the preponderance of the evidence. After the hearing, or if the insurer fails to request a hearing, the commissioner, if the commissioner finds a deficiency, may enter an appropriate order under this section as the commissioner deems advisable.

(c)  When the commissioner takes action in any or all of the ways set out in this section, the party aggrieved may appeal from the action to the chancery court of Davidson County.

[Acts 1991, ch. 142, § 1.]