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(a) Insurers, except as provided in section 461 of this title, shall be authorized to transact kinds of insurance in addition to kinds already authorized upon otherwise qualifying therefor, and subject to special surplus requirements set forth in subsection (c) of this section, possessing capital stock, if a stock insurer, or surplus, if a mutual insurer, in addition to that required under this title to be maintained to qualify for the kinds of insurance theretofore authorized, in amount as required under the following schedule:
- A domestic mutual life or disability insurer may be authorized to transact both life and disability insurances when it has acquired and while it maintains surplus funds in amount not less than $100,000.
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(b) Special surplus shall be possessed as follows:
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(1) an insurer shall not be authorized to transact any one of the following insurances—vehicle, or general casualty (other than disability and fidelity), or marine and transportation, or surety (other than bail bond and fidelity)—with any additional kind of insurance unless it maintains at all times a special surplus of not less than $100,000 in addition to the capital stock (if a stock insurer) or surplus (if a mutual insurer) otherwise required; and
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(2) an insurer shall not be authorized to transact all kinds of insurance exclusive of life, title, and disability insurance, unless it possesses when first so authorized, a special surplus of not less than $250,000 in addition to the capital stock (if a stock insurer) or surplus (if a mutual insurer) otherwise required. Such special surplus shall be inclusive of the special surplus required pursuant to paragraph (1) of this subsection. For the purpose of this subsection, general casualty insurances as defined in section 457 of this title, and surety insurances as defined in section 458 of this title shall not be subdivided. The insurer after being so authorized, may use in the development of its business that part of such special surplus which exceeds the amount required pursuant to paragraph (1) of this subsection.
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(c) In applying the schedule set forth in subsection (a) of this section to a domestic mutual insurer, the additional surplus required is the lesser amount thereof as determined by using property or disability insurance, if a mutual insurer, if such insurance is to be included in the kinds proposed to be transacted as the initial kind authorized; and to which such lesser amount shall be added any additional surplus required pursuant to subsection (b) of this section.