Title 33, Chapter 17, Section 25
( 33-17-25)
(a) If the assets of a domestic reciprocal insurer are at any time
insufficient to discharge its liabilities, other than any liability
on account of funds contributed by the attorney or others, and to
maintain the required surplus, its attorney shall immediately make
up the deficiency or levy an assessment upon the subscribers for the
amount needed to make up the deficiency, subject to the limitations
set forth in the power of attorney or policy. (b) If the attorney fails to make up the deficiency or to make the
assessment within 30 days after the Commissioner orders him to do so
or if the deficiency is not fully made up within 60 days after the
date the assessment was made, the insurer shall be deemed insolvent
and shall be proceeded against as authorized by this title. (c) If liquidation of an insurer is ordered, an assessment shall be
levied upon the subscribers for an amount, subject to limits as
provided by this chapter, as the Commissioner determines to be
necessary to discharge all liabilities of the insurer, exclusive of
any funds contributed by the attorney or other persons but including
the reasonable costs of the liquidation. |