Section 1317. Release of deposits  


Latest version.
  • (a) (1) In this section, "release of
      deposits" means the transfer  and  delivery  by  the  superintendent  of
      deposited  securities  to the depositing insurer at its request, or to a
      person designated by  it  in  writing,  without  substitution  of  other
      securities.  The  superintendent  may require authentication or proof of
      such request, or of such designation, in such form and manner as he  may
      prescribe.
        (2)  No  depositing  insurer  shall  be entitled to a total or partial
      release of its deposited securities except as specified in this section.
        (3) No total or partial release of a deposit, made in  good  faith  by
      the superintendent, shall impose any personal liability upon him.
        (b) If the superintendent finds that the aggregate market value of the
      required deposit of any insurer doing business in this state exceeds one
      hundred  five  per  centum of the amount required of such insurer by the
      laws of this state, he may release securities of such deposit, having  a
      value  not  greater than the amount of such excess, but the par value of
      the securities remaining on deposit shall not be less  than  the  amount
      required by the provisions of this chapter.
        (c)  If the superintendent finds that all or any part of any voluntary
      deposit of any insurer is no longer required to comply with the laws  of
      this or any other state, he may to such extent release such deposit.
        (d) If the superintendent finds that the aggregate market value of the
      required  deposit  of  any insurer exceeds two hundred per centum of the
      total amount of  its  outstanding  accrued  and  contingent  liabilities
      assumed, or covering persons or risks located, within the United States,
      and  that  such  insurer  has  ceased  to do any new business within the
      United States, he may release securities of such deposit having a  value
      not greater than the excess.
        (e) In making any findings required by this section the superintendent
      may  make such examination or other investigation of the affairs of such
      insurer as he deems expedient, and may require a statement subscribed by
      two principal officers of such insurer and  affirmed  by  them  as  true
      under the penalties of perjury as to any facts therein.