N.D. Admin. Code 45-03-05-19

Current through Supplement No. 395, January, 2025

Section 45-03-05-19 - Adequacy of surplus

The factors set forth in subsection 6 of North Dakota Century Code section 26.1-10-05 are not intended to be an exhaustive list. In determining the adequacy and reasonableness of an insurer's surplus, no single factor is controlling. The commissioner, instead, will consider the net effect of all of these factors plus other factors bearing on the financial condition of the insurer. In comparing the surplus maintained by other insurers, the commissioner will consider the extent to which each of these factors varies from company to company and in determining the quality and liquidity of investments in subsidiaries, the commissioner will consider the individual subsidiary and may discount or disallow its valuation to the extent that the individual investments so warrant.

N.D. Admin Code 45-03-05-19

Effective January 1, 1982; amended effective January 1, 1992; October 1, 2002.

Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.

General Authority: NDCC 26.1-10-12

Law Implemented: NDCC 26.1-10-05