§3873. Nonassessable policies
1. If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum capital stock and surplus required to be maintained by a domestic stock insurer authorized to transact like kinds of insurance, upon application of the attorney and as approved by the subscribers' advisory committee the superintendent shall issue a certificate authorizing the insurer to extinguish the contingent liability of subscribers under its policies then in force in this State, and to omit provisions imposing contingent liability in all policies delivered or issued for delivery in this State for so long as all such surplus remains unimpaired.
[RR 2021, c. 1, Pt. B, §320 (COR).]
2. Upon impairment of such surplus, the superintendent shall forthwith revoke the certificate. Such revocation shall not render subject to contingent liability any policy then in force and for the remainder of the period for which the premium has theretofore been paid; but after such revocation no policy shall be issued or renewed without providing for contingent assessment liability of the subscriber.
[PL 1973, c. 585, §12 (AMD).]
3. The superintendent shall not authorize a domestic reciprocal insurer so to extinguish the contingent liability of any of its subscribers or in any of its policies to be issued, unless it qualified to and does extinguish such liability of all its subscribers and in all such policies for all kinds of insurance transacted by it. Except, that if required by the laws of another state in which the insurer is transacting insurance as an authorized insurer, the insurer may issue policies providing for the contingent liability of such of its subscribers as may acquire such policies in such state, and need not extinguish the contingent liability applicable to policies theretofore in force in such state.
[PL 1973, c. 585, §12 (AMD).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §320 (COR).
Structure Maine Revised Statutes
TITLE 24-A: MAINE INSURANCE CODE
Chapter 53: RECIPROCAL INSURERS
24-A §3851. "Reciprocal" insurance defined
24-A §3852. Scope of chapter -- existing insurers
24-A §3853. Insuring powers of reciprocals
24-A §3856. Organization of reciprocal insurer
24-A §3857. Certificate of authority
24-A §3861. Deposit in lieu of bond
24-A §3863. Service of process; judgment
24-A §3864. Contributions to insurer
24-A §3865. Financial conditions; method of determining
24-A §3866. Who may be subscribers
24-A §3867. Subscribers' advisory committee
24-A §3868. Subscribers' liability
24-A §3869. Subscribers' liability on judgment
24-A §3871. Time limit for assessments
24-A §3872. Aggregate liability
24-A §3873. Nonassessable policies
24-A §3874. Subscribers' share in assets