(a) 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 Commissioner or by the Commissioner in liquidation of the insurer.
(b) Each subscriber's share of a deficiency for which an assessment is made which shall not exceed in any event the subscriber's aggregate contingent liability as computed in accordance with § 5722 of this title, 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.
(c) 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.
(d) No subscriber shall have an offset against any assessment for which such subscriber is liable on account of any claim for unearned premium or losses payable.
Structure Delaware Code
Chapter 57. RECIPROCAL INSURERS
§ 5701. “Reciprocal” insurance defined.
§ 5702. Scope of chapter; existing insurers.
§ 5703. Insuring powers of reciprocals.
§ 5705. Attorney; attorney, subscribers and reciprocal insurer a single entity.
§ 5706. Organization of reciprocal insurer.
§ 5707. Certificate of authority.
§ 5711. Deposit in lieu of bond.
§ 5713. Service of process; judgment.
§ 5714. Contributions to insurer.
§ 5715. Financial condition; method of determining.
§ 5717. Subscribers' advisory committee.
§ 5718. Subscribers' liability generally.
§ 5719. Subscribers' liability on judgment.
§ 5721. Time limit for assessments.
§ 5722. Aggregate or contingent liability.
§ 5723. Nonassessable policies.