The commissioner may suspend an insurer’s obligation to issue policies pursuant to section 39 of this 1990 amendatory and supplementary act if the commissioner, in his discretion, determines that compliance with section 39 of this act will result in an insurer’s financial condition becoming unsafe or unsound. In making this determination, the commissioner shall consider the following factors:

a. The insurer’s ratio of annual net premiums written to surplus as to policyholders; and

b. Whether the insurer, in issuing policies in compliance with section 39 of this act, would experience:

(1) an adverse change in its rating by A.M. Best and Company, Dun and Bradstreet, Moody’s or Standard and Poor’s;

(2) financial ratios outside the acceptable ranges as established by the National Association of Insurance Commissioners or the chief financial officer of the Department of Insurance of this State; or

(3) a net reduction to the insurer’s surplus as to policyholders greater than 25% during a period of two years or less.

Any suspension pursuant to this section shall continue until the commissioner, upon the commissioner’s own motion or upon request by the insurer or any other interested party, after providing opportunity for a hearing, orders its revocation.

L.1990,c.8,s.94.