(a) Any assessment of a subscriber or member of an insurer made by the Insurance Commissioner pursuant to an order of the court fixing the aggregate amount of the assessment against all members or subscribers and approving the classification and formula made by the commissioner under § 23-68-131(a) shall be prima facie correct.
(b) Each member or subscriber shall be notified of the amount of assessment to be paid by him or her by written notice mailed to the address of the member or subscriber last of record with the insurer. Failure of the member or subscriber to receive the notice so mailed, within the time specified therein or at all, shall be no defense in any proceeding to collect the assessment.
(c) If any member or subscriber fails to pay the assessment within the period specified in the notice, which period shall not be less than twenty (20) days after mailing, the commissioner may obtain an order in the delinquency proceedings requiring the member or subscriber to show cause at a time and place fixed by the court why judgment should not be entered against the member or subscriber for the amount of the assessment together with all costs, and a copy of the order and a copy of the petition therefor shall be served upon the member or subscriber within the time and in the manner designated in the order.
(d) If the subscriber or member after due service of a copy of the order and petition referred to in subsection (c) of this section is made upon him or her:
(1) Fails to appear at the time and place specified in the order, judgment shall be entered against him or her as prayed for in the petition; or
(2) Appears in the manner and form required by law in response to the order, the court shall hear and determine the matter and enter a judgment in accordance with its decision.
(e) The commissioner may collect the assessment through any other lawful means.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 68 - Rehabilitation and Liquidation of Insurance Companies
§ 23-68-101. Uniform Insurers Liquidation Act
§ 23-68-103. Delinquency proceedings generally
§ 23-68-104. Commencement of delinquency proceedings
§ 23-68-105. Injunctions — Commissioner as party to suits
§ 23-68-106. Grounds for rehabilitation — Domestic insurers
§ 23-68-107. Grounds for liquidation
§ 23-68-108. Grounds for conservation — Domestic, foreign, and alien insurers
§ 23-68-109. Grounds for ancillary liquidation — Foreign insurers
§ 23-68-110. Order of rehabilitation
§ 23-68-111. Order of liquidation — Domestic and alien insurers
§ 23-68-112. Order of conservation or liquidation — Foreign and alien insurers
§ 23-68-113. Conduct of delinquency proceedings against domestic and alien insurers
§ 23-68-114. Disposition of funds held pursuant to § 23-68-113
§ 23-68-115. Conduct of delinquency proceedings against foreign insurers
§ 23-68-116. Claims of nonresidents against domestic insurers
§ 23-68-117. Claims against foreign insurers
§ 23-68-118. Form of claim — Notice — Hearing
§ 23-68-119. Priority of certain claims
§ 23-68-120. Attachment and garnishment of assets
§ 23-68-121. Disposition of moneys collected
§ 23-68-122. Exemption from fees
§ 23-68-123. Borrowing on pledge of assets
§ 23-68-124. Date of rights and liabilities upon liquidation
§ 23-68-125. Voidable transfers and liens
§ 23-68-126. Priority of distribution of general assets
§ 23-68-128. Allowance of certain claims
§ 23-68-129. Time for filing claims
§ 23-68-130. Report and petition for assessment
§ 23-68-131. Order and levy of assessment
§ 23-68-132. Assessment prima facie correct — Procedures to collect assessment
§ 23-68-133. Reinsurer's liability
§ 23-68-134. Priority of distribution of claims — Legislative intent