Sec. 3. INSURER PARTICIPATION IN ASSOCIATION. (a) Each insurer that is a member of the association shall participate in its writings, expenses, and losses in the proportion that the net direct premiums of each member, excluding that portion of premiums attributable to the operation of the association, written during the preceding calendar year bears to the aggregate net direct premiums written in this state by all members of the association.
(b) Each insurer's participation in the association shall be determined annually on the basis of net direct premiums written during the preceding calendar year, as reported in the annual statements and other reports filed by the insurer with the board.
(c) A member of the association is not obligated in any one year to reimburse the association in excess of one percent of its surplus to policyholders on account of its proportionate share in the deficit from the operations of the association in that year. The aggregate amount not reimbursed shall be reallocated among the remaining members under the method of determining participation provided by this section, after excluding from the computation the total net direct premiums of all members not sharing in the excess deficit.
(d) If the deficit from the operations allocated to all members of the association in a calendar year exceeds one percent of their respective surplus to policyholders, the amount of the deficit shall be allocated to each member under the method of determining participation under this section.
Structure Texas Statutes
Title 1 - The Insurance Code of 1951
Chapter 21 - General Provisions
Subchapter E. Miscellaneous Provisions
Article 21.49-3c. Texas Nonprofit Organization Liability Insurance Underwriting Association
Section 2. Creation; Composition of the Association; Dissolution
Section 3. Insurer Participation in Association
Section 4. General Responsibility of Association
Section 8. Eligibility for Coverage
Section 9. Application for Coverage
Section 10. Rates and Policy Forms
Section 11. Association Deficit
Section 12. Assessment of Association Members
Section 13. Policyholder Assessment