Title 33, Chapter 37, Section 30
( 33-37-30)
(a) As soon as practicable but not more than two years from the date of an order of liquidation under Code Section 33-37-17 of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth: (1) The reasonable value of the assets of the insurer; (2) The insurer's probable total liabilities; (3) The probable aggregate amount of the assessment necessary to
pay all claims of creditors and expenses in full, including
expenses of administration and costs of collecting the assessment;
and (4) A recommendation as to whether or not an assessment should be
made and in what amount. (b)(1) Upon the basis of the report provided in subsection (a) of
this Code section, including any supplements and amendments
thereto, the superior court may levy one or more assessments
against all members of the insurer who are subject to assessment. (2) Subject to any applicable legal limits on assessability, the
aggregate assessment shall be for the amount that the sum of the
probable liabilities, the expenses of administration, and the
estimated cost of collection of the assessment exceeds the value
of existing assets, with due regard being given to assessments
that cannot be collected economically. (c) After levy of assessment under subsection (b) of this Code
section, the liquidator shall issue an order directing each member
who has not paid the assessment pursuant to the order to show cause
why the liquidator should not pursue a judgment therefor. (d) The liquidator shall give notice of the order to show cause by
publication and by first-class mail to each member liable thereunder
mailed to his last known address as it appears on the insurer's
records, at least 20 days before the return date of the order to
show cause. (e)(1) If a member does not appear and serve duly verified
objections upon the liquidator on or before the return date of the
order to show cause under subsection (c) of this Code section, the
court shall make an order adjudging the member liable for the
amount of the assessment against him pursuant to subsection (c) of
this Code section, together with costs, and the liquidator shall
have a judgment against the member therefor. (2) If on or before such return date the member appears and serves
duly verified objections upon the liquidator, the Commissioner may
hear and determine the matter or may appoint a referee to hear it
and make such order as the facts warrant. In the event that the
Commissioner determines that such objections do not warrant relief
from assessment, the member may request the court to review the
matter and vacate the order to show cause. (f) The liquidator may enforce any order or collect any judgment
under subsection (e) of this Code section by any lawful means. |