§33-34A-3 Standards. - West Virginia Statutes

§33-34A-3. Standards.

The following standards, either singularly or a combination of two or more, may be considered by the commissioner to determine whether the continued operation of any insurer transacting an insurance business in this state might be deemed to be hazardous to the policyholders, creditors or the general public. The commissioner may consider:

(a) Adverse findings reported in financial condition and market conduct examination reports;

(b) The national association of insurance commissioners insurance regulatory information system and its related reports;

(c) A company which is under suspension, revocation or rehabilitation in another state;

(d) The insurer's asset portfolio when viewed in light of current economic conditions is not of sufficient value, liquidity, or diversity to assure the company's ability to meet its outstanding obligations as they mature;

(e) The total of the noninvestment grade bonds equals twenty percent of the total bond portfolio;

(f) The ratios of commission expense, general insurance expense, policy benefits and reserve increases as to annual premium and net investment income which could lead to an impairment of capital and surplus;

(g) The ability of an assuming reinsurer to perform and whether the insurer's reinsurance program provides sufficient protection for the company's remaining surplus after taking into account the insurer's cash flow and the classes of business written as well as the financial condition of the assuming reinsurer;

(h) The insurer's operating loss in the last twelve-month period or any shorter period of time, including, but not limited to, net capital gain or loss, change in nonadmitted assets, and cash dividends paid to shareholders, is greater than fifty percent of such insurer's remaining surplus as regards policyholders in excess of the minimum required;

(i) Whether any affiliate, subsidiary or reinsurer is insolvent, threatened with insolvency, or delinquent in payment of its monetary or other obligation;

(j) Contingent liabilities, pledges or guaranties which either individually or collectively involve a total amount which in the opinion of the commissioner may affect the solvency of the insurer;

(k) Whether any "controlling person" of an insurer is delinquent in the transmitting to, or payment of, net premiums to such insurer;

(l) The age and collectibility of receivables;

(m) Whether the management of an insurer, including officers, directors, or any other person who directly or indirectly controls the operation of such insurer, fails to possess and demonstrate the competence, fitness and reputation deemed necessary to serve the insurer in such position;

(n) Whether management of an insurer has failed to respond to inquiries relative to the condition of the insurer or has furnished false and misleading information concerning an inquiry;

(o) Whether management of an insurer either has filed any false or misleading sworn financial statement, or has released a false or misleading financial statement to lending institutions or to the general public, or has made a false or misleading entry, or has omitted an entry of material amount in the books of the insurer;

(p) A ratio of gross premiums written to surplus as to policyholders exceeds ten to one and net premium written to surplus as to policyholders exceeds four to one:

(1) Projected annual net or gross premiums shall be based on the actual writings to date for the insurer's current calendar year or the insurer's writings for the previous calendar year or both. Ratios shall be computed on an annualized basis;

(2) For the purposes of this subsection, "gross premiums written" means direct premiums written and reinsurance assumed, and "net premiums written" means direct premiums written and reinsurance assumed less reinsurance ceded;

(3) This ratio shall not apply to life insurance written by life or life and health insurers;

(q) A ratio of current assets to current liabilities which is below one;

(r) The total investments in parent, subsidiaries and affiliates exceeds one hundred percent of surplus as regards policyholders in excess of the minimum required by statute or order of the commissioner;

(s) Whether the insurer has grown so rapidly and to such an extent that it lacks adequate financial and administrative capacity to meet its obligations in a timely manner; and

(t) Whether the company has experienced or will experience in the foreseeable future cash flow and/or liquidity problems.