US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 31
                            COUNTY MUTUAL INSURERS
    41-3112.  ASSESSMENTS. (1) A county mutual fire insurer may from time to
time assess and collect from its members, and from the owners or trustees of
churches or public halls insured by it, such sums of money as may be necessary
to pay losses incurred under policies issued by the insurer, from time to time
as such losses occur, and to pay such fire protection expenses and other
expenses of the insurer as may have been approved by the board of directors
consistent with section 41-3113.
    (2)  The insurer may classify its policies for assessment purposes in
accordance with types and circumstances of properties and hazards insured, and
may vary the amount of assessment as applied to the respective such classes,
if the insurer maintains adequate records from which the loss experience of
the respective classes can readily be determined.
    (3)  The levy and collection of assessments shall be regulated by the
insurer's constitution and by-laws. But no assessment to cover insured losses
incurred shall be levied in advance of the occurrence of the losses on account
of which the assessment is made; except, that the insurer may, in its by-laws,
provide for an emergency fund, which fund shall at no time exceed ten thousand
dollars ($10,000) or one percent (1%) of the amount of insurance in force,
whichever is the larger sum, out of which fund losses to the extent of the
money therein may be immediately paid.