27-31-25
Section 27-31-25 Nonassessable policies. (a) If a reciprocal insurer has a surplus of assets
over all liabilities at least equal to the minimum capital stock required of a domestic stock
insurer authorized to transact like kinds of insurance, upon application of the attorney and
as approved by the subscribers' advisory committee, the commissioner shall issue his certificate
authorizing the insurer to extinguish the contingent liability of subscribers under its policies
then in force in this state and to omit provisions imposing contingent liability in all policies
delivered, or issued for delivery, in this state for so long as all such surplus remains unimpaired.
(b) Upon impairment of such surplus, the commissioner shall forthwith revoke the certificate.
Such revocation shall not render subject to contingent liability any policy then in force
and for the remainder of the period for which the premium has theretofore been paid; but after
such revocation, no policy shall be issued or...
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27-27-48
Section 27-27-48 Bulk reinsurance - Domestic mutual insurers. (a) A domestic mutual insurer
may reinsure all, or substantially all, its business in force or all, or substantially all,
of a major class thereof with another insurer, stock or mutual, by an agreement of bulk reinsurance
after compliance with this section. No such agreement shall become effective unless filed
with the commissioner and approved by him in writing after a hearing thereon. (b) The commissioner
shall approve such agreement within a reasonable time after filing if he finds it to be fair
and equitable to each domestic insurer involved, and that such reinsurance if effectuated
would not substantially reduce the protection or service to its policyholders. If the commissioner
does not so approve, he shall so notify each insurer involved in writing, specifying his reasons
therefor. (c) The plan and agreement for such reinsurance must be approved by vote of not
less than two-thirds of each domestic mutual insurer's...
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27-31-22
Section 27-31-22 Levy of assessments on subscribers of domestic insurers - Generally. (a) Assessments
may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor
under the terms of their policies by the attorney upon approval in advance by the subscribers'
advisory committee and the commissioner or by the commissioner in liquidation of the insurer.
(b) Each subscriber's share of a deficiency for which an assessment is made, but not exceeding
in any event his aggregate contingent liability as computed in accordance with Section 27-31-24,
shall be computed by applying to the premium earned on the subscriber's policy, or policies,
during the period to be covered by the assessment, the ratio of the total deficiency to the
total premiums earned during such period upon all policies subject to the assessment. (c)
In computing the earned premiums for the purposes of this section, the gross premium received
by the insurer for the policy shall be used as...
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27-27-20
Section 27-27-20 Domestic mutual insurers - Authorization to transact additional kinds of insurance.
A domestic mutual insurer, after being authorized to transact one kind of insurance, may be
authorized by the commissioner to transact such additional kinds of insurance as are permitted
under Section 27-3-6, while otherwise in compliance with this title and while maintaining
unimpaired surplus funds in an amount not less than the amount of paid-in capital stock required
of a domestic stock insurer transacting like kinds of insurance, subject further to the additional
expendable surplus requirements of Section 27-3-8 applicable to such a stock insurer. (Acts
1971, No. 407, p. 707, §516.)...
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27-27-35
Section 27-27-35 Nonassessable policies in mutual insurers - Revocation of domestic insurers
authority to issue. The commissioner shall revoke the authority of a domestic mutual insurer
to issue policies without contingent liability if at any time the insurer's assets are less
than the sum of its liabilities and the surplus required for such authority or if the insurer,
by resolution of its board of directors approved by a majority of its members, requests that
the authority be revoked. During the absence of such authority, the insurer shall not issue
any policy without providing therein for the contingent liability of the policyholder nor
renew any policy which is renewable at the option of the insurer without endorsing the same
to provide for such contingent liability. (Acts 1971, No. 407, p. 707, §531.)...
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27-27-15
Section 27-27-15 Domestic mutual insurers - Authorization to transact insurance. (a) When newly
organized, a domestic mutual insurer may be authorized to transact any one of the kinds of
insurance listed in the schedule contained in subsection (b) of this section. (b) When applying
for an original certificate of authority, the insurer must be otherwise qualified therefor
under this title and must have received and accepted bona fide applications as to substantial
insurable subjects for insurance coverage of a substantial character of the kind of insurance
proposed to be transacted, must have collected in cash the full premium therefor at a rate
not less than that usually charged by other insurers for comparable coverages, must have surplus
funds on hand and deposited as of the date such insurance coverages are to become effective
or, in lieu of such applications, premiums and surplus and may deposit surplus, all in accordance
with that part of the following schedule which applies to...
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27-27-22
Section 27-27-22 Domestic mutual insurers - Bylaws. (a) A domestic mutual insurer shall have
bylaws for the government of its affairs. The initial board of directors of a domestic mutual
insurer shall adopt original bylaws, subject to the approval of the insurer's members at the
next succeeding meeting. The members shall have power to make, modify, and revoke bylaws.
(b) The bylaws shall provide: (1) That each member is entitled to one vote upon each matter
coming to a vote at meetings of members or to more votes in accordance with a reasonable classification
of members as set forth in the bylaws and based upon the amount of insurance in force, number
of policies held, or upon the amount of the premiums paid by such member or upon other reasonable
factors. A member shall have the right to vote in person or by his written proxy made not
less than 30 days prior to the meeting. No such proxy shall be made irrevocable for longer
than a period of three years; (2) For election of directors...
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27-27-27
Section 27-27-27 Exclusive management and production of business contracts by domestic insurers.
(a) No domestic insurer shall hereafter make any contract whereby any person is granted or
is to enjoy in fact the management of the insurer to the substantial exclusion of its board
of directors or to have the controlling or preemptive right to produce substantially all insurance
business for the insurer, unless the contract is filed with, and approved by, the commissioner.
The contract shall be deemed approved unless disapproved by the commissioner within 20 days
after date of filing, subject to such reasonable extension of time as the commissioner may
require by notice given within such 20 days. Any disapproval shall be delivered to the insurer
in writing, stating the grounds therefor. (b) Any such contract shall provide that any such
manager or producer of its business shall, within 90 days after expiration of each calendar
year, furnish the insurer's board of directors a written...
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27-41-33
Section 27-41-33 Particular investments - Loans on personal property; chattel mortgages. In
connection with mortgage loans made under subdivisions (2) and (3) of Section 27-41-29, an
insurer may loan on the value of personal property items listed in the Department of Housing
and Urban Development Commitment for Insurance or the Veterans Administration Certificates
of Reasonable Value. Nothing in this section shall be deemed to prevent an insurer from taking
liens on personal property items as additional security for any investment eligible for investment
under this chapter. Domestic life insurance companies are authorized to invest, within the
limitations set forth in this section, in chattel mortgages resulting from the financing of
tangible personal property, which mortgages must constitute valid first liens on the chattels
mortgaged. The maximum amount of such mortgages to be admitted as assets shall not exceed
one half of the amount of surplus remaining after deducting from capital...
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27-27-49.1
Section 27-27-49.1 Recovery. (a) If an order for liquidation or rehabilitation of a domestic
insurer has been entered, the receiver appointed under such order shall have a right to recover
on behalf of the insurer, (i) from any parent corporation or holding company or person or
affiliate who otherwise controlled the insurer, the amount of distributions (other than distributions
of shares of the same class of stock) paid by the insurer on its capital stock, or (ii) any
payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment
made by the insurer or its subsidiary to a director, officer, or employee, where the distribution
or payment pursuant to (i) or (ii) is made at any time during the one year preceding the petition
for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations
of subsections (b), (c), and (d) of this section. (b) No such distribution shall be recoverable
if the parent or affiliate shows that...
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