ACQUIRED EARNED SURPLUS

(a) This section applies only to: (1) a stock domestic insurance company authorized to engage in the business of life, accident, or health insurance in this state; (2) a stock foreign or alien life, health, or accident insurance company; (3) a stock insurance company authorized to engage in the business of property, casualty, or fire insurance; and (4) a domestic Lloyd's plan, reciprocal or interinsurance exchange, or title insurance company. (b) In determining the amount of "surplus profits arising from the insurer's business" or "earned surplus" for the purpose of paying dividends to shareholders, the insurer may include the acquired earned surplus of an insurance subsidiary acquired by the insurer to the extent that: (1) the inclusion is permitted by an order of the commissioner made in accordance with commissioner rules; and (2) the earned surplus of the acquired subsidiary on the date of acquisition that exists on the date of the commissioner's order is not otherwise reflected in the insurer's earned surplus.