41-2930. IMPAIRED RECIPROCALS. (1) 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.
(2) If the attorney fails to make up such deficiency or to make the assessment within thirty (30) days after the director orders him to do so, or if the deficiency is not fully made up within sixty (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 director 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:
[41-2930, added 1961, ch. 330, sec. 657, p. 645.]
Structure Idaho Code
Chapter 29 - RECIPROCAL INSURERS
Section 41-2901 - “RECIPROCAL” INSURANCE DEFINED.
Section 41-2902 - “RECIPROCAL INSURER” DEFINED.
Section 41-2903 - SCOPE OF CHAPTER — EXISTING INSURERS.
Section 41-2904 - INSURING POWERS OF RECIPROCALS.
Section 41-2905 - NAME — SUITS.
Section 41-2906 - SURPLUS FUNDS REQUIRED.
Section 41-2908 - ORGANIZATION OF RECIPROCAL INSURER.
Section 41-2909 - CERTIFICATE OF AUTHORITY.
Section 41-2910 - POWER OF ATTORNEY OR JOINT POWERS ENTITY.
Section 41-2911 - MODIFICATIONS.
Section 41-2912 - ATTORNEY’S BOND.
Section 41-2913 - DEPOSIT IN LIEU OF BOND.
Section 41-2914 - ACTION ON BOND.
Section 41-2915 - SERVICE OF PROCESS — JUDGMENT.
Section 41-2916 - CONTRIBUTIONS TO INSURER.
Section 41-2917 - ANNUAL STATEMENT.
Section 41-2918 - FINANCIAL CONDITION — METHOD OF DETERMINING.
Section 41-2919 - WHO MAY BE SUBSCRIBERS.
Section 41-2920 - SUBSCRIBERS’ ADVISORY COMMITTEE.
Section 41-2921 - SUBSCRIBERS’ LIABILITY.
Section 41-2922 - SUBSCRIBERS’ LIABILITY ON JUDGMENT.
Section 41-2923 - ASSESSMENTS.
Section 41-2924 - TIME LIMIT FOR ASSESSMENT.
Section 41-2925 - AGGREGATE LIABILITY.
Section 41-2926 - NONASSESSABLE POLICIES.
Section 41-2927 - DISTRIBUTION OF SAVINGS.
Section 41-2928 - SUBSCRIBERS’ SHARE IN ASSETS.