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27-31-27
Section 27-31-27 Distribution of assets upon liquidation of domestic insurer. Upon the liquidation
of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness
and policy obligations, the return of any contributions of the attorney or other persons to
its surplus made as provided in Section 27-31-15, and the return of any unused premium, savings,
or credits then standing on subscribers' accounts shall be distributed to its subscribers
who were such within the 12 months prior to the last termination of its certificate of authority,
according to such reasonable formula as the commissioner may approve. (Acts 1971, No. 407,
p. 707, §617.)...
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27-31-3
Section 27-31-3 Powers generally. (a) A reciprocal insurer may, upon qualifying therefor as
provided for by this title, transact any kind or kinds of insurance defined by this title,
other than life or title insurances. (b) Such an insurer may purchase reinsurance upon the
risk of any subscriber and may grant reinsurance as to any kind of insurance it is authorized
to transact directly. (Acts 1971, No. 407, p. 707, §593.)...
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27-43-6
Section 27-43-6 Insurers deemed eligible to transact legal expense insurance. (a) Any domestic,
foreign, or alien insurer authorized to transact casualty insurance or life, accident and
sickness insurance in this state may transact legal expense insurance in this state. (b) Legal
service insurance corporations possessing a valid certificate of authority may transact legal
expense insurance in this state. (Acts 1981, No. 81-719, p. 1214, §1; Acts 1984, No. 84-243,
p. 374, §1.)...
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27-24-3
Section 27-24-3 Sole surety - Mutual or reciprocal surety insurers. An authorized mutual or
reciprocal surety insurer which has and maintains a surplus over and above all of its liabilities
of $500,000.00, upon meeting all of the requirements of this title, except as to capital stock,
may become and be accepted as sole surety on bonds or undertakings required or permitted by
the laws of this state or by the charters, ordinances, rules, and regulations of any county,
municipal corporation, board, body, organization, or public officer; provided, however, that
any such bond or undertaking executed by such insurer shall be nonassessable and shall not
provide for any contingent liability. (Acts 1947, No. 533, p. 388; Acts 1971, No. 407, p.
707, §488.)...
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27-27-37
Section 27-27-37 Dividends - Domestic stock insurers. (a) A domestic stock insurer shall not
pay any cash dividend to stockholders except out of that part of its available surplus funds
which is derived from realized net profits on its business. (b) A stock dividend may be paid
out of any available surplus funds in excess of the aggregate amount of surplus loaned to
the insurer under Section 27-27-40. (c) A dividend otherwise proper may be payable out of
the insurer's surplus even though its total surplus is then less than the aggregate of its
past contributed surplus resulting from issuance of its capital stock at a price in excess
of the par value thereof 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...
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27-27-40
Section 27-27-40 Loans by domestic insurers. (a) A domestic stock or mutual insurer may borrow
money to defray the expenses of its organization, provide it with surplus funds or for any
purpose of its business, upon a written agreement that such money is required to be repaid
only out of the insurer's surplus in excess of that stipulated in such agreement. The agreement
may provide for interest at a reasonable rate per annum, which interest shall, or shall not,
constitute a liability of the insurer as to its funds other than such excess of surplus, as
stipulated in the agreement. No commission or promotion expense shall be paid in connection
with any such loan. (b) Money so borrowed, together with the interest thereon if so stipulated
in the agreement, shall not form a part of the insurer's legal liabilities except as to its
surplus in excess of the amount thereof stipulated in the agreement or be the basis of any
setoff, but, until repaid, financial statements filed or published by...
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27-27-34
Section 27-27-34 Nonassessable policies in mutual insurers - Generally. (a) While possessing
surplus funds in amount not less than the paid-in capital stock required of a domestic stock
insurer transacting like kinds of insurance, a domestic mutual insurer may, upon receipt of
the commissioner's order so authorizing, extinguish the contingent liability of its members
as to all its policies in force and may omit provisions imposing contingent liability in all
its policies currently issued. (b) A foreign or alien mutual insurer may issue nonassessable
policies to its members in this state pursuant to its articles of incorporation and the laws
of its domicile. (Acts 1971, No. 407, p. 707, §530.)...
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27-27-45
Section 27-27-45 Merger and consolidations - Domestic stock insurers. (a) A domestic stock
insurer may merge or consolidate with one or more domestic or foreign stock insurers by complying
with the applicable provisions of the statutes of this state governing the merger or consolidation
of stock corporations formed for profit, but subject to subsections (b) and (c) of this section.
(b) No such merger or consolidation shall be effectuated unless in advance thereof the plan
and agreement therefor have been filed with the commissioner and approved in writing by him
after a hearing thereon. The commissioner shall give such approval within a reasonable time
after such filing unless he finds such plan or agreement: (1) Is contrary to law; (2) Inequitable
to the stockholders of any domestic insurer involved; or (3) Would substantially reduce the
security of, and service to be rendered to, policyholders of the domestic insurer in this
state or elsewhere. (c) No director, officer, agent, or...
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27-27-49
Section 27-27-49 Distribution of assets upon liquidation of domestic mutual insurer. (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 36 months next preceding the date such liquidation was authorized or ordered
or 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 number of 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 36-month qualification period provided for in this subsection by...
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27-30-6
Section 27-30-6 Capital stock or surplus requirements for existing associations. Any domestic
mutual aid association which immediately prior to January 1, 1972, lawfully held a certificate
of authority or license to transact such business in this state and which is otherwise in
compliance with the requirements of this chapter shall be entitled to have a certificate of
authority while it has and maintains unimpaired paid-in capital stock, if a stock corporation,
or surplus, if a mutual corporation, as follows: (1) If it is a stock corporation, it must
have and maintain capital stock of at least $25,000.00; except, that an association having
unimpaired paid-in capital stock on January 1, 1972, in less than such amount shall as of
each December 31, following January 1, 1972, have increased its unimpaired paid-in capital
stock by an amount equal to not less than 20 percent of such original deficiency, so that,
and until not later than the fifth such December 31, the association shall have...
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