41-2923 — ASSESSMENTS
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TITLE 41
INSURANCE
CHAPTER 29
RECIPROCAL INSURERS
41-2923. ASSESSMENTS. (1) 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 director; or by the director in
liquidation of the insurer.
(2) 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 41-2925 of this chapter, 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.
(3) 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 a
base, deducting therefrom solely charges not recurring upon the renewal or
extension of the policy.
(4) No subscriber shall have an offset against any assessment for which
he is liable, on account of any claim for unearned premium or losses payable.