(a) If the assets of a reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers for the amount needed to make up the deficiency, but subject to the limitation set forth in the power of attorney or policy.
(b) If the attorney fails to make up such deficiency or to make the assessment within 30 days after the commissioner orders him to do so or if the deficiency is not fully made up within 60 days after the date the assessment was made, the insurer shall be deemed insolvent and shall be proceeded against as authorized by this title.
(c) If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount, subject to limits as provided by this chapter, as the commissioner determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by the attorney or other persons, but including the reasonable cost of the liquidation.
Structure Code of Alabama
Chapter 31 - Reciprocal Insurers.
Section 27-31-1 - Definitions.
Section 27-31-2 - Applicability of Chapter.
Section 27-31-3 - Powers Generally.
Section 27-31-4 - Business Name; Actions.
Section 27-31-6 - Surplus Funds of Domestic Insurer.
Section 27-31-8 - Certificate of Authority - Issuance; Refusal, Suspension, or Revocation.
Section 27-31-9 - Power of Attorney.
Section 27-31-10 - Modifications of Subscribers' Agreement or Power of Attorney of Domestic Insurer.
Section 27-31-11 - Bond of Attorney of Domestic Insurer - Requirements.
Section 27-31-12 - Bond of Attorney of Domestic Insurer - Deposit in Lieu Thereof.
Section 27-31-13 - Action on Bond or Deposit in Lieu Thereof.
Section 27-31-14 - Service of Process on Domestic Insurer; Judgment Thereon.
Section 27-31-15 - Advancement of Funds to Domestic Insurers.
Section 27-31-16 - Annual Statement; Supplemental Information.
Section 27-31-17 - Determination of Financial Condition.
Section 27-31-18 - Subscribers; Exchange of Insurance Contracts; Liability of Representatives.
Section 27-31-19 - Subscribers' Advisory Committee of Domestic Insurer.
Section 27-31-20 - Liability of Subscribers - Generally.
Section 27-31-21 - Liability of Subscribers - Judgment.
Section 27-31-22 - Levy of Assessments on Subscribers of Domestic Insurers - Generally.
Section 27-31-23 - Levy of Assessments on Subscribers of Domestic Insurers - Time Limit.
Section 27-31-24 - Levy of Assessments on Subscribers of Domestic Insurers - Aggregate Liability.
Section 27-31-25 - Nonassessable Policies.
Section 27-31-26 - Distribution of Unused Premiums, Etc.
Section 27-31-27 - Distribution of Assets Upon Liquidation of Domestic Insurer.
Section 27-31-28 - Merger or Conversion of Domestic Insurer.
Section 27-31-29 - Proceedings When Assets of Insurer Insufficient.