A. The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several and proportionate liability, and not joint.
B. Except as to a nonassessable policy, each subscriber shall have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers' agreement, for payment of actual losses and expenses incurred while his policy was in force. Such contingent liability may be at the rate of not less than one nor more than ten (10) times the premium or premium deposit stated in the policy, and the maximum aggregate thereof shall be computed in the manner set forth in Section 679 [59A-39-22 NMSA 1978] of this article.
C. Each assessable policy issued by the insurer shall contain a statement of the contingent liability, set in type of not less prominence than the insuring clause.
History: Laws 1984, ch. 127, ยง 675.
Structure New Mexico Statutes
Article 39 - Reciprocal Insurers
Section 59A-39-1 - "Reciprocal" insurance defined.
Section 59A-39-2 - Scope of chapter; existing insurers.
Section 59A-39-3 - Insuring powers of reciprocals.
Section 59A-39-4 - Name; suits.
Section 59A-39-6 - Organization of reciprocal insurer.
Section 59A-39-7 - Certificate of authority.
Section 59A-39-8 - Power of attorney.
Section 59A-39-9 - Modifications.
Section 59A-39-10 - Attorney's bond.
Section 59A-39-11 - Deposit in lieu of bond.
Section 59A-39-12 - Action on bond.
Section 59A-39-13 - Service of process; judgment.
Section 59A-39-14 - Contributions to insurer.
Section 59A-39-15 - Financial condition; method of determining.
Section 59A-39-16 - Who may be subscribers.
Section 59A-39-17 - Subscribers' advisory committee.
Section 59A-39-18 - Subscribers' liability.
Section 59A-39-19 - Subscribers' liability on judgment.
Section 59A-39-20 - Assessments.
Section 59A-39-21 - Time limit for assessments.
Section 59A-39-22 - Aggregate liability.
Section 59A-39-23 - Nonassessable policies.
Section 59A-39-24 - Subscribers' share in assets.