58-4-40. Authority of director in determining insurer's financial condition.
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/sd/title-58/chapter-58-4/58-4-40A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In making a determination of an insurer's financial condition, the director may:
(1)Disregard any credit or amount receivable resulting from transactions with a reinsurer which is insolvent, impaired, or subject to a delinquency proceeding;
(2)Make appropriate adjustments to asset values attributable to investments in or transactions with parents, subsidiaries, or affiliates;
(3)Refuse to recognize the stated value of accounts receivable if the ability to collect receivables is highly speculative in view of the age of the account or the financial condition of the debtor;
(4)Increase the insurer's liability in an amount equal to any contingent liability, pledge, or guarantee not otherwise included if there is a substantial risk that the insurer will be called upon to meet the obligation undertaken within the next twelve - month period; or
(5)Consider the harm to policyholders, creditors, the public, and the company itself.