20-211. Surplus required

A. In addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, as required by sections 20-210 and 20-212 as to all stock insurers and foreign and alien mutual and reciprocal insurers, by sections 20-768 and 20-212 as to domestic reciprocal insurers, and section 20-711, subsection B and section 20-212 as to domestic mutual insurers, except as stated in subsection C of this section, any foreign or alien insurer, any title insurer, and any domestic insurer shall possess at the time of original authorization in this state initial free surplus as stated in section 20-210, and shall maintain free surplus funds in an amount of not less than one-half such initial free surplus. No other insurer shall be so initially authorized in this state unless it then possesses surplus of not less than initial free surplus as stated in section 20-210, in addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, otherwise required.

B. In addition to the minimum required capital stock if the insurer is a stock insurer or in addition to the minimum required basic surplus if the insurer is a mutual or reciprocal insurer under this article and chapter 4, article 1 of this title, a domestic, foreign or alien insurer shall possess and maintain any additional free surplus that the director may require based on the type, volume or nature of its business as a necessary condition to avoid rendering its transaction of insurance hazardous to its policyholders or the people of this state. The director shall adopt rules to implement the provisions of this subsection.

C. Subsection A of this section shall not apply to a domestic mutual insurer which qualifies upon the basis of applications for insurance as provided in section 20-711, nor to reinsurers which qualify pursuant to chapter 4, article 10 of this title and which do not within such five year period transact any kind of insurance in addition to that for which initially authorized.