Conditions for issuance; order stating person provides legal insurance

a. A certificate of authority shall be issued if the commissioner is satisfied that the following conditions are met: (1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and of good reputation; (2) The applicant demonstrates the willingness and ability to assure that the promised benefits can be provided. In making this determination the commissioner shall consider so far as applicable: (a) The adequacy of capital and surplus considered in relation to the other items in subsection a. (2) of this section; (b) The financial soundness of the applicant's arrangements for legal services and the rating system proposed to be used in connection therewith; (c) Any agreement with another person authorized to do business under this act, an insurer licensed under the general insurance law to do business in this State, a reinsurer eligible under the laws or regulations of this State to provide reinsurance, or an agency of the Federal or State Government for insuring the payment of the cost of legal services or the provision for automatic applicability of an alternative coverage in the event the insurer is unable to perform its obligations; (d) Any surety bond or deposit of cash or securities as a guarantee that the obligation will be duly performed; and (e) If the applicant is licensed as an insurer under insurance laws of other states, whether the applicant has complied with the requirements of those laws. b. At the request of an applicant, the commissioner shall issue an order stating whether a person is providing legal insurance as defined in section 3c. of this act.