26-6-305. "Insolvency" and "impairment" defined.
(a) An insurer is insolvent if its total assets, as in this chapter provided, are less than its total liabilities, excluding as a liability, as to a stock insurer, the aggregate par value of its outstanding capital stock.
(b) An insurer is impaired if:
(i) As to a stock insurer, the sum of its assets is less than the sum of:
(A) Its liabilities;
(B) The aggregate par value of its outstanding capital stock; and
(C) The amount of surplus the insurer is required to maintain for the kinds of insurance transacted.
(ii) As to a mutual or reciprocal insurer, the sum of its assets is less than the sum of its liabilities and the amount of surplus the insurer is required to maintain for the kinds of insurance transacted.
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