Section 1309. Insolvency of an insurer  


Latest version.
  • (a) Whenever the superintendent
      finds from a financial  statement  or  report  on  examination  that  an
      authorized  insurer  is unable to pay its outstanding lawful obligations
      as they mature in the regular course of business, as shown by an  excess
      of  required  reserves and other liabilities over admitted assets, or by
      its not having sufficient assets to reinsure all outstanding risks  with
      other  solvent  authorized  assuming  insurers  after paying all accrued
      claims  owed,  such  insurer  shall  be   deemed   insolvent   and   the
      superintendent  may  proceed  against  it  pursuant to the provisions of
      article seventy-four of this chapter.
        (b) If an insurer deemed insolvent pursuant to subsection  (a)  hereof
      is  a  foreign  or  alien insurer, the superintendent may also revoke or
      suspend its license to do business in this state.