Title 33, Chapter 14, Section 69
( 33-14-69)
(a) If at any time the assets of a domestic mutual insurer are less
than its liabilities and the minimum amount of surplus required of
it by this title for authority to transact the kinds of insurance
being transacted and the deficiency is not cured from other sources,
its directors shall levy an assessment only upon its members who at
any time within the 12 months immediately preceding the date notice
of the assessment was mailed to them held policies providing for
contingent liability; and the members shall be liable to the insurer
for the amount so assessed. (b) The assessment shall be for the amount necessary to cure the
deficiency and to provide a reasonable amount of working funds above
the minimum amount of surplus; but the working funds so provided
shall not exceed 5 percent of the insurer's liabilities as of the
date as of which the amount of the deficiency was determined. (c) In levying an assessment on policies providing for contingent
liability, the assessment shall be computed on a basis of premium
earned on the policy. (d) No member shall have an offset against any assessment for which
he is liable on account of any claim for unearned premium or loss
payable. |