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A.  Whenever the commissioner has reason to believe that the financial condition of an insurer endangers the interests of its policyholders and the insurer’s ratio of actual or projected annual net premiums to current surplus as to policyholders exceeds four to one, the commissioner may by order establish maximum net annual premiums to be written by the insurer consistent with maintaining the ratio specified herein.  The order shall not exceed six months in duration.

B.  Projected annual net premiums shall be based on the actual writings to date for the insurer’s current calendar year or the insurer’s writings for the previous calendar year, or both.  The ratio shall be computed on an annualized basis.

C.  This Section shall not apply to life or health insurers.

D.  When computing the ratio of actual or projected annual net premiums to current surplus as to policyholders, as provided by Subsection A of this Section, policy fees shall not be included in the compilation of actual or projected annual net premiums.

Acts 1990, No. 881, §1, eff. Jan. 1, 1991; Acts 1991, No. 207, §1, eff. July 2, 1991; Redesignated from La. Rev. Stat. 22:891.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

NOTE:  Former La. Rev. Stat. 22:762 redesignated as La. Rev. Stat. 22:2043 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.