§ 27-1-6-15 — Mutual companies; initial subscriptions and premiums; deposits; surplus

(a) Except as provided in subsection (b), a
domestic mutual company that organized before July 1, 1977, must
maintain a surplus of not less than two hundred fifty thousand dollars
($250,000). This subsection does not apply to a standard farm mutual
insurance company that is organized under IC 27-5 (before its repeal)
or IC 27-5.1.
(b) A domestic mutual company that organized before July 1, 1977,
must maintain a surplus of not less than:
(1) seven hundred fifty thousand dollars ($750,000), if it markets
one (1) or more kinds of insurance under both Class II and Class
III, other than Class II(k) insurance;
(2) one million dollars ($1,000,000), if it markets one (1) or more
kinds of insurance under Class II, including Class II(k) insurance;
or
(3) one million dollars ($1,000,000), if it markets one (1) or more
kinds of insurance under both Class II and Class III, including
Class II(k) insurance.
(c) A domestic mutual company that organized after June 30, 1977,
must maintain a surplus of not less than one million two hundred fifty
thousand dollars ($1,250,000). However, when it organizes, it must:
(1) have a surplus of not less than two million dollars
($2,000,000);
(2) for the one (1) or more kinds of insurance under Class I that
it intends to market, have received applications for insurance from
not less than four hundred (400) persons, each application for an
amount not less than one thousand dollars ($1,000), and have
received the first year's premium due on a policy to be issued on
each such application; and
(3) for the one (1) or more kinds of insurance under Class II or
Class III that it intends to market, have received applications for
insurance covering not less than eight hundred (800) separate
risks in not less than forty (40) policies to be issued to not less
than forty (40) members, and have received premiums amounting
to not less than one hundred thousand dollars ($100,000) for those
policies.
(d) A domestic mutual company must deposit with the department
in cash or in obligations of the United States:
(1) twenty-five thousand dollars ($25,000), if it organized before
June 30, 1955;
(2) fifty thousand dollars ($50,000), if it organized after June 29,
1955, and before March 7, 1967; or
(3) one hundred thousand dollars ($100,000), if it organized after
March 6, 1967.
This subsection does not apply to a standard farm mutual insurance
company that is organized under IC 27-5 (before its repeal) or IC 27-5.1.
(e) If the commissioner determines that the continued operation of
a domestic mutual company may be hazardous to the policyholders or
the general public, the commissioner may, upon the commissioner's
determination, issue an order requiring the insurer to increase the
insurer's capital and surplus based on the type, volume, and nature of
the business transacted.
Formerly: Acts 1935, c.162, s.75; Acts 1955, c.316, s.2; Acts
1967, c.127, s.3. As amended by Acts 1977, P.L.282, SEC.2;
P.L.130-1994, SEC.15; P.L.116-1994, SEC.20; P.L.129-2003,
SEC.1.