26-44-108. Adequacy of surplus.
(a) For purposes of this act, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered:
(i) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force and other appropriate criteria;
(ii) The extent to which the insurer's business is diversified among the several lines of insurance;
(iii) The number and size of risks insured in each line of business;
(iv) The extent of the geographical dispersion of the insurer's insured risks;
(v) The nature and extent of the insurer's reinsurance program;
(vi) The quality, diversification and liquidity of the insurer's investment portfolio;
(vii) The recent past and projected future trend in the size of the insurer's investment portfolio;
(viii) The surplus as regards policyholders maintained by other comparable insurers;
(ix) The adequacy of the insurer's reserves; and
(x) The quality and liquidity of investments in affiliates.
(b) The commissioner may treat any investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders whenever he deems that treatment necessary.