(1) If the assets of a domestic 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.
(2) If the attorney fails to make up such deficiency or to make the assessment within 30 days after the office orders him or her 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 code.
(3) 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 office 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.
History.—s. 700, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 681, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 395, ch. 97-102; s. 1328, ch. 2003-261.
Structure Florida Statutes
Chapter 629 - Reciprocal Insurers
629.011 - “Reciprocal Insurance” Defined.
629.021 - “Reciprocal Insurer” Defined.
629.041 - Insuring Powers of Reciprocals.
629.071 - Surplus Funds Required.
629.081 - Organization of Reciprocal Insurer.
629.091 - Certificate of Authority.
629.131 - Deposit in Lieu of Bond.
629.161 - Contributions to Insurer.
629.181 - Financial Condition; Method of Determining.
629.191 - Who May Be Subscribers.
629.201 - Subscribers’ Advisory Committee.
629.211 - Subscribers’ Liability.
629.221 - Subscribers’ Liability; on Judgment.
629.241 - Time Limit for Assessments.
629.251 - Aggregate Liability.
629.261 - Nonassessable Policies.
629.271 - Distribution of Savings.
629.281 - Subscribers’ Share in Assets.
629.291 - Merger or Conversion.