The director shall establish a surplus reserve, consisting of an accounting segregation of funds from the unrestricted trust account balance, for the program in order to protect the program and the state against unexpected catastrophic losses and in order to establish a financial foundation for the program that will be acceptable to commercial insurers and insurance industry regulatory authorities. The surplus reserve shall be established as soon as practicable following the effective date of this rule, and shall be adjusted by the director from time to time as needed. In establishing and adjusting the surplus reserve, the director shall consider the following:
(1) The required minimum capitalization for insurers and reinsurers established in chapter 48.05
(2) Similar requirements set forth in the laws and rules of the state or states in which the insurer or insurers for whom the program is providing reinsurance are domiciled.
(3) Generally accepted standards of financial soundness and solvency applicable to insurance and reinsurance.
(4) Actuarial analysis and information concerning likely levels of reinsurance cost and expense exposure of the program over time.
(5) Advice and information from the Washington insurance commissioner, insurance industry advisors, the pollution liability insurance program technical advisory committee, and other knowledgeable persons.
(6) The actual loss and expense experience of insurers and the program as this develops over time.
(7) Any additional information that the director may deem pertinent and relevant.
[Statutory Authority: RCW 70.148.040
. WSR 90-14-020 (Order 90-5), § 374-30-050, filed 6/27/90, effective 8/1/90.]