Sec. 2203.253. LIMITATION ON REIMBURSEMENT BY MEMBER FOR DEFICIT RECOUPMENT. (a) An association member is not obligated in a single year to reimburse the association for the member's proportionate share of the deficits from the association's operations in that year in an amount that exceeds one percent of the member's policyholder surplus. The aggregate amount not reimbursed in accordance with this subsection shall be reallocated among the other association members. The association shall reallocate that amount in accordance with the method of determining a member's participation under Sections 2203.055(c) and (d), after excluding the total net direct premiums of all members not sharing in the excess deficits.
(b) If the deficits from the association's operations allocated to all association members in a calendar year exceed one percent of all members' respective policyholder surplus, the association shall allocate to each member the amount of the deficits in accordance with the method of determining a member's participation under Sections 2203.055(c) and (d).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle G - Pools, Groups, Plans, and Self-Insurance
Chapter 2203 - Medical Liability Insurance Joint Underwriting Association
Subchapter F. Financial Participation by Members and Policyholders
Section 2203.251. Deficit Recoupment
Section 2203.252. Assessment of Policyholders for Deficit Recoupment
Section 2203.253. Limitation on Reimbursement by Member for Deficit Recoupment
Section 2203.254. Contribution by Members for Sound Financial Operation
Section 2203.255. Reimbursement of Assessment or Contribution; Premium Tax Credit