41-2910 — POWER OF ATTORNEY OR JOINT POWERS ENTITY
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TITLE 41
INSURANCE
CHAPTER 29
RECIPROCAL INSURERS
41-2910. POWER OF ATTORNEY OR JOINT POWERS ENTITY. (1) The rights and
powers of the attorney or designated joint powers entity of a reciprocal
insurer shall be as provided in the power of attorney given it by the
subscribers.
(2) The power of attorney must set forth:
(a) The powers of the attorney;
(b) That the attorney is empowered to accept service of process on behalf
of the insurer and to authorize the director to receive service of process
in actions against the insurer upon contracts exchanged;
(c) The general services to be performed by the attorney or joint powers
entity;
(d) The maximum amount to be deducted from advance premiums or deposits
to be paid to the attorney and the general items of expense in addition to
losses, to be paid by the insurer; and
(e) Except as to nonassessable policies, a provision for a contingent
several liability of each subscriber in a specified amount which amount
shall be not less than one (1) nor more than ten (10) times the premium or
premium deposit stated in the policy.
(3) The power of attorney or joint exercise of powers agreement may:
(a) Provide for the right of substitution of the attorney and revocation
of the power of attorney and rights thereunder;
(b) Impose such restrictions upon the exercise of the power as are agreed
upon by the subscribers;
(c) Provide for the exercise of any right reserved to the subscribers
directly or through their advisory committee; and
(d) Contain other lawful provisions deemed advisable.
(4) The terms of any power of attorney or agreement collateral thereto
shall be reasonable and equitable, and no such power or agreement shall be
used or be effective in this state until approved by the director.