§ 23-70-118 - Assessments.
               	 		
23-70-118.    Assessments.
    (a)  Assessments  may be levied from time to time upon subscribers of a domestic  reciprocal insurer, liable therefor under the terms of their policies,  by the attorney upon approval in advance by the subscribers' advisory  committee and the Insurance Commissioner or by the commissioner in  liquidation of the insurer.
(b)  Each  subscriber's share of a deficiency for which an assessment is made, but  not exceeding in any event his or her aggregate contingent liability as  computed in accordance with    23-70-119, shall be computed by applying  to the premiums earned on the subscribers' policies during the period to  be covered by the assessment the ratio of the total deficiency to the  total premiums earned during the period upon all policies subject to the  assessment.
(c)  In computing the  earned premiums for the purposes of this section, the gross premiums  received by the insurer for the policy shall be used as a base, solely  deducting therefrom charges not recurring upon the renewal or extension  of the policy.
(d)  No subscriber  shall have an offset against any assessment for which he or she is  liable on account of any claim for unearned premiums or losses payable.
(e)  Every  subscriber of a domestic reciprocal insurer having contingent liability  shall be liable for and shall pay his or her share of any assessment,  as computed and limited in accordance with this chapter, if:
      (1)  While  his or her policy is in force or within one (1) year after its  termination, he or she is notified by either the attorney or the  commissioner of his or her intentions to levy the assessment; or
      (2)  An  order to show cause why a receiver, conservator, rehabilitator, or  liquidator of the insurer should not be appointed is issued while his or  her policy is in force or within one (1) year after its termination.