[§431:19-102.2] Personal lines insurance. (a) Notwithstanding the provisions of section 431:19-102(a), a captive insurance company may be licensed to provide personal lines coverage for unrelated risks if the commissioner deems that extraordinary circumstances exist which make the provision of this coverage by a captive insurance company appropriate and in the best interest of the public. In determining whether such extraordinary circumstances exist, the commissioner shall consider the following factors:
(1) The extent to which the particular coverage is available in the voluntary market;
(2) The existence of a relationship between the parent of the captive insurance company and the proposed policyholders other than that of insurer to insured;
(3) Whether the captive insurance company has sufficient capitalization to insure the proposed risks; and
(4) Any other factors which the commissioner deems appropriate.
(b) Any captive insurance company formed pursuant to this section shall be subject to articles 5, 10, 10A, 10B, 10C, 10D, 10E, 10F, 10G, 12, 15, and 17 of chapter 431 in addition to all other applicable law. [L 1993, c 339, §4]