(1) If the
assets of a domestic reciprocal insurer are at any time
insufficient to discharge its liabilities other than any
liability on account of funds contributed by the attorney, and to
maintain the surplus required for the kinds of insurance it is
authorized to transact, its attorney shall forthwith levy an
assessment upon subscribers made subject to assessment by the
terms of their policies for the amount needed to make up the
deficiency.
(2) If the attorney fails to make the assessment within
thirty days after the commissioner orders him or her to do so, or
if the deficiency is not fully made up within sixty days after
the date the assessment was made, the insurer shall be deemed
insolvent and shall be proceeded against as authorized by this
code.
(3) If liquidation of such an insurer is ordered, an
assessment shall be levied upon the subscribers for such an
amount, subject to limits as provided by this chapter, as the
commissioner determines to be necessary to discharge all
liabilities of the insurer, exclusive of any funds contributed by
the attorney, but including the reasonable cost of the
liquidation.
[2009 c 549 § 7050; 1947 c 79 § .10.34; Rem. Supp. 1947 § 45.10.34.]