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27-31-11
Section 27-31-11 Bond of attorney of domestic insurer - Requirements. (a) Concurrently with
the filing of the declaration provided for in Section 27-31-7, the attorney of a domestic
reciprocal insurer shall file with the commissioner a bond in favor of this state for the
benefit of all persons damaged as a result of breach by the attorney of the conditions of
his bond as set forth in subsection (b) of this section. The bond shall be executed by the
attorney and by an authorized corporate surety and shall be subject to the commissioner's
approval. (b) The bond shall be in the penal sum of $25,000.00, aggregate in form, conditioned
that the attorney will faithfully account for all moneys and other property of the insurer
coming into his hands and that he will not withdraw or appropriate to his own use from the
funds of the insurer any moneys or property to which he is not entitled under the power of
attorney. (c) The bond shall provide that it is not subject to cancellation unless 30...
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27-31-18
Section 27-31-18 Subscribers; exchange of insurance contracts; liability of representatives.
Individuals, partnerships, and corporations of this state may make application, enter into
agreement for, and hold, policies or contracts in, or with, and be a subscriber of any domestic,
foreign, or alien reciprocal insurer. Any corporation now or hereafter organized under the
laws of this state shall, in addition to the rights, powers, and franchises specified in its
articles of incorporation, have full power and authority as a subscriber to exchange insurance
contracts through such reciprocal insurer. The right to exchange such contracts is hereby
declared to be incidental to the purposes for which such corporations are organized and to
be as fully granted as the rights and powers expressly conferred upon such corporations. Government
or governmental agencies, state or political subdivisions thereof, boards, associations, estates,
trustees, or fiduciaries are authorized to exchange...
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27-2-21
Section 27-2-21 Examinations - Affairs, etc., of insurers and surplus line brokers. (a) For
the purpose of determining its financial condition, ability to fulfill its obligations and
compliance with the law, the commissioner shall examine the affairs, transactions, accounts,
records, and assets of each authorized insurer, and the records of surplus line brokers restricted
to those matters under Section 27-10-29, including the attorney-in-fact of a reciprocal insurer
insofar as insurer transactions are involved as often as the commissioner deems appropriate
but shall, at a minimum, conduct an examination of every insurer licensed in this state not
less frequently than once every five years. In scheduling and determining the nature, scope,
and frequency of the examinations, the commissioner shall consider such matters as the results
of financial statement analyses and ratios, changes in management or ownership, actuarial
opinions, reports of independent certified public accountants, and...
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27-27-38
Section 27-27-38 Dividends - Domestic mutual insurers. (a) The directors of a domestic mutual
insurer may, from time to time, apportion and pay or credit to its members dividends only
out of that part of its surplus funds which represents net realized savings and net realized
earnings in excess of the surplus required by law to be maintained. (b) A dividend otherwise
proper may be payable out of the savings and earnings even though the insurer's total surplus
is then less than the aggregate of its contributed surplus if payment is conditioned upon
receipt of the commissioner's approval and the insurer does not pay the dividend until the
commissioner has done the following: (1) Approved the payment of the dividend, or (2) Not
disapproved the payment of the dividend within 30 days after receipt of notice from the insurer
of the declaration thereof. (Acts 1971, No. 407, p. 707, §534; Acts 1994, No. 94-634, p.
1178, §2.)...
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27-3-17
Section 27-3-17 Application for certificate of authority - Filing. To apply for an original
certificate of authority an insurer shall file with the commissioner its application therefor,
accompanied by the applicable fees as specified in Section 27-4-2, showing its name, location
of its home office or, if an alien insurer, principal office in the United States, kinds of
insurance to be transacted, state or country of domicile and such additional information as
the commissioner may reasonably require, together with the following documents, as applicable:
(1) A copy of its corporate charter, articles of incorporation or other charter documents
with all amendments thereto, certified by the public officer with whom the originals are on
file in the state or country of domicile; (2) If a mutual insurer, a copy of its bylaws, as
amended, certified by its secretary or other officer having custody thereof; (3) If a foreign
reciprocal insurer, copies of the power of attorney of its...
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27-31-29
Section 27-31-29 Proceedings when assets of insurer insufficient. (a) If the assets of a 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 forthwith make up the deficiency or levy an assessment upon the subscribers
for the amount needed to make up the deficiency, but subject to the limitation set forth in
the power of attorney or policy. (b) If the attorney fails to make up such 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 such an insurer is ordered, an assessment shall be levied upon the subscribers for such
an amount, subject to limits as provided by this...
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27-1-2
Section 27-1-2 Definitions. For the purposes of this title, the following terms shall have
the meanings respectively ascribed to them by this section. (1) INSURANCE. A contract whereby
one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable
contingencies. (2) INSURER. Every person engaged as indemnitor, surety, or contractor in the
business of entering into contracts of insurance. (3) PERSON. An individual, insurer, company,
association, organization, Lloyd's insurer, society, reciprocal insurer or interinsurance
exchange, partnership, syndicate, business trust, corporation, and every legal entity. (4)
COMMISSIONER. The Commissioner of Insurance of this state. (5) DEPARTMENT. The Department
of Insurance of this state. (6) DOMESTIC INSURER. One formed under the laws of this state.
(7) FOREIGN INSURER. One formed under the laws of any jurisdiction other than this state.
Except where distinguished by context, "foreign" insurers includes also...
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27-27-41
Section 27-27-41 Deficiencies in stock insurer's capital or assets of mutual insurers - Generally.
(a) If a stock insurer's capital, as represented by the aggregated par value of its outstanding
capital stock, becomes impaired or the assets of a mutual insurer are less than its liabilities
and the minimum amount of surplus required to be maintained by it under Sections 27-27-15
or 27-27-20 for authority to transact the kinds of insurance being transacted, the commissioner
shall, at once, determine the amount of deficiency and serve notice upon the insurer to make
good the deficiency within 60 days after service of such notice. (b) The deficiency may be
made good in cash or in assets eligible for the investment of the insurer's funds, or, if
a stock insurer, by reduction of the insurer's capital to an amount not below the minimum
required for the kinds of insurance thereafter to be transacted or, if a mutual insurer, by
amendment of its certificate of authority to cover only such kind...
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27-29-2
Section 27-29-2 Subsidiaries and affiliates of domestic insurers. (a) Authorization. A domestic
insurer, either by itself or in cooperation with one or more persons, may organize or acquire
one or more subsidiaries. The subsidiaries may conduct any kind of business or businesses
and their authority to do so shall not be limited by reason of the fact that they are subsidiaries
or affiliates of a domestic insurer. (b) Additional investment authority. In addition to investments
in common stock, preferred stock, debt obligations, and other securities permitted under all
other sections of this title, a domestic insurer may also: (1) Invest, in common stock, preferred
stock, debt obligations, and other securities of one or more subsidiaries, amounts which do
not exceed the lesser of 10 percent of such insurer's assets or 50 percent of the insurer's
surplus as regards policyholders, provided that after such investments, the insurer's surplus
as regards policyholders will be reasonable in...
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27-2B-2
Section 27-2B-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ADJUSTED RBC REPORT. An RBC report which has been adjusted by the commissioner
in accordance with subsection (e) of Section 27-2B-3. (2) CORRECTIVE ORDER. An order issued
by the commissioner specifying corrective actions which the commissioner has determined are
required. (3) DOMESTIC INSURER. Any insurer domiciled in this state. (4) FOREIGN INSURER.
Any insurer which is licensed to do business in this state but not domiciled in this state.
(5) FRATERNAL BENEFIT SOCIETY. Any insurer licensed under Chapter 34. (6) HEALTH ORGANIZATION.
Any health care service plan, health maintenance organization, limited health service organization,
dental services corporation, or other managed care organization licensed under this title.
This term does not include any life and disability insurer or property and casualty insurer.
(7) INSURER. As defined in Section 27-1-2, including, without...
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