Title 33, Chapter 14, Section 77
( 33-14-77)
(a) Upon any liquidation of a domestic mutual insurer, its assets
remaining after discharge of its indebtedness, policy obligations,
repayment of contributed or borrowed surplus, if any, and expenses
of administration shall be distributed to existing persons who were
its members at any time within 12 months immediately preceding the
date such liquidation was authorized or ordered or the date of last
termination of the insurer's certificate of authority, whichever
date is the earlier; except that if the Commissioner has reason to
believe that those in charge of the management of the insurer have
caused or encouraged the reduction of the members of the insurer in
anticipation of liquidation and for the purpose of reducing thereby
the number of persons who may be entitled to share in distribution
of the insurer's assets, he may enlarge the 12 month qualification
period provided for in this subsection by any additional period as
he may deem to be reasonable. (b) The distributive share of each such member shall be in the
proportion that the aggregate premiums earned by the insurer on the
policies of the member during the combined periods of his membership
bear to the aggregate of all premiums earned on the policies of all
members. The insurer may and if a life insurer shall make reasonable
classifications of its policies held by members and make a formula
based upon the classification for determining the equitable
distributive shares of each member. Such classification and formula
shall be subject to the approval of the Commissioner. |