Title 33, Chapter 17, Section 11
( 33-17-11)
(a) The rights and powers of the attorney of a reciprocal insurer
shall be as provided in the power of attorney given to it by the
subscribers. (b) The power of attorney must set forth: (1) The powers of the attorney; (2) That the attorney is authorized to accept service of process
on behalf of the insurer in actions against the insurer upon
contracts exchanged; (3) The general services to be performed by the attorney; (4) The maximum amounts to be deducted from advance premiums or
deposits to be paid to the attorney and the general items of
expense in addition to losses to be paid by the insurer; and (5) Except as to nonassessable policies, a provision for a
contingent several liability of each subscriber in a specified
amount, which amount shall be not less than one nor more than ten
times the premium or premium deposit stated in the policy. (c) The power of attorney may: (1) Provide for the right of substitution of the attorney and
revocation of the power of attorney and rights thereunder; (2) Impose any restrictions upon the exercise of the power as are
agreed upon by the subscribers; (3) Provide for the exercise of any right reserved to the
subscribers directly or through their advisory committee; and (4) Contain other lawful provisions deemed advisable. (d) The terms of any power of attorney or agreement collateral to
such power shall be reasonable and equitable and shall be subject to
review and approval by the Commissioner. (e) A copy of the power of attorney shall be furnished each
subscriber. |