US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 28
                    ORGANIZATION AND CORPORATE PROCEDURES
                         OF STOCK AND MUTUAL INSURERS
    41-2844.  DIVIDENDS TO POLICY HOLDERS. (1) The directors of a domestic
mutual insurer may from time to time apportion any pay or credit to its
members dividends only out of that part of its surplus funds which represents
net realized savings, net realized earnings, and net realized capital gains,
all in excess of the surplus required by law to be maintained by the insurer.
    (2)  A dividend otherwise proper may be payable out of such savings,
earnings, and gains even though the insurer's total surplus is then less than
the aggregate of contributed surplus remaining unpaid by the insurer.
    (3)  A domestic stock insurer may pay dividends to holders of its
participating policies out of any available surplus funds.
    (4)  No dividend shall be paid which is inequitable, or which unfairly
discriminates as between classifications of policies or policies within the
same classification.
    (5)  This section is subject to section 41-1933(3) (provision, etc. of
dividends out of earnings on nonparticipating policies).