Section 011. Standards

The following standards, either singly or in combination of two (2) or more, may be considered by the Director t o determine whether the continued operation of any insurer transacting insurance business in this state might be deemed to be hazardous to its policyholders or creditors or to the general public. The Director may consider: (3-31-22) 01. Examination Reports. Adverse findings reported in financial condition and market conduc t examination reports, audit reports, and actuarial opinions, reports or summaries. (3-31-22) 02. NAIC Insurance Regulatory Information System. The NAIC Regulatory Information System and its other financial analysis solvency tools and reports. (3-31-22) 03. Adequate Cash Provision. Whether the insurer has made adequate provision, according to presently accepted actuarial standards of practice, for the anticipated cash flows needed by the contractual obligation s and related expenses of the insurer, when considered in light of the assets held by the insurer with respect to such reserves and related actuarial items including, but not limited to, the investment earnings on such assets, and th e considerations anticipated to be received and retained under such policies and contracts. (3-31-22) 04. Reinsurance Program. The ability of an assuming reinsurer to perform and whether the insurer’s reinsurance program provides sufficient protection for the company’s remaining surplus after taking into account th e insurer’s cash flow and the classes of business written as well as the financial condition of the assuming reinsurer. (3-31-22) 05. Operating Loss (50% of Surplus). Whether the insurer’s operating loss in the last twelve (12) month period or any shorter period of time, including but not limited to net capital gain or loss, change in non- admitted assets, and cash dividends paid to shareholders, is greater than fifty percent (50%) of the insurer’s remaining surplus as regards policyholders in excess of the minimum mandatory. (3-31-22) 06. Operating Loss (20% of Surplus)

e insurer’s operating loss in the last twelve (12) month period or any shorter period of time, including but not limited to net capital gain or loss, change in non- admitted assets, and cash dividends paid to shareholders, is greater than fifty percent (50%) of the insurer’s remaining surplus as regards policyholders in excess of the minimum mandatory. (3-31-22) 06. Operating Loss (20% of Surplus). Whether the insurer’s operating loss in the last twelve (12) month period or any shorter period of time, excluding net capital gains, is greater than twenty percent (20%) of th e insurer’s remaining surplus as regards policyholders in excess of the minimum mandatory. (3-31-22) 07. Insolvency of Affiliate, Subsidiary or Reinsurer. Whether a reinsurer, obligor, or any entit y within the insurer’s insurance holding company system is insolvent, threatened with insolvency, or delinquent in payment of its monetary or other obligations, and which in the opinion of the Director may affect the solvency of the insurer. (3-31-22) 08. Contingent Liabilities. Contingent liabilities, pledges or guaranties which either individually o r collectively involve a total amount which in the opinion of the Director may affect the solvency of the insurer. (3-31-22) 09. Controlling Person. Whether any “controlling person” of an insurer is delinquent in th e transmitting to, or payment of, net premiums to such insurer. (3-31-22) 10. Receivables. The age and collectibility of receivables. (3-31-22) 11. Competence of Management. Whether the management of an insurer, including officers , directors, or any other person who directly or indirectly controls the operation of such insurer, fails to possess an d demonstrate the competence, fitness and reputation deemed necessary to serve the insurer in such position.(3-31-22) 12. Failure to Respond to Inquiries. Whether management of an insurer has failed to respond t o inquiries relative to the condition of the insurer or has furnished false and misleading information concerning a n inquiry

ly controls the operation of such insurer, fails to possess an d demonstrate the competence, fitness and reputation deemed necessary to serve the insurer in such position.(3-31-22) 12. Failure to Respond to Inquiries. Whether management of an insurer has failed to respond t o inquiries relative to the condition of the insurer or has furnished false and misleading information concerning a n inquiry. (3-31-22) 13. Failure to Meet Filing Requirements. Whether the insurer has failed to meet financial and holding company filing requirements in the absence of a reason satisfactory to the Director. (3-31-22) 14. False or Misleading Financial Statements. Whether management of an insurer either has file d any false or misleading sworn financial statement, or has released false or misleading financial statement to lendin g institutions or to the general public, or has made a false or misleading entry, or has omitted an entry of materia l amount in the books of the insurer. (3-31-22) 15. Extensive Growth. Whether the insurer has grown so rapidly and to such an extent that it lacks adequate financial and administrative capacity to meet its obligations in a timely manner. (3-31-22) 16. Cash Flow. Whether the company has experienced or will experience in the foreseeable future cas h flow and/or liquidity problems. (3-31-22) 17. Reserves Compliance with Minimum Standards. Whether management has established reserve s that do not comply with minimum standards established by state insurance laws, regulations, statutory accountin g standards, sound actuarial principles and standards of practice. (3-31-22) 18. Material Under-Reserving. Whether management persistently engages in material under- reserving that results in adverse development. (3-31-22) 19. Transactions Among Affiliates

ement has established reserve s that do not comply with minimum standards established by state insurance laws, regulations, statutory accountin g standards, sound actuarial principles and standards of practice. (3-31-22) 18. Material Under-Reserving. Whether management persistently engages in material under- reserving that results in adverse development. (3-31-22) 19. Transactions Among Affiliates. Whether transactions among affiliates, subsidiaries or controllin g persons for which the insurer receives assets, capital gains or both do not provide sufficient value, liquidity o r diversity to assure the insurer’s ability to meet its outstanding obligations as they mature. (3-31-22) 20. Any Other Finding. Any other finding determined by the Director to be hazardous to the insurer’ s policyholders or creditors or to the general public. (3-31-22)