Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6113
Foreign or alien reciprocal insurers
Insurance (ISC) CHAPTER 28, ARTICLE 61
§ 6113. Foreign or alien reciprocal insurers. (a) The superintendent
may, in his discretion, pursuant to section one thousand one hundred six
of this chapter, issue a license to a reciprocal insurer domiciled in,
or organized under the laws of another state or of any province of
Canada, to do in this state such kind or kinds of insurance business as
a domestic reciprocal insurer may be authorized to do in this state.

(b) Such foreign or alien reciprocal insurer shall comply with
substantially the same requirements of this chapter which are applicable
to domestic reciprocal insurers organized and authorized to do the same
kind or kinds of insurance business and in addition every such alien
reciprocal shall be subject to the provisions of this chapter relating
to alien insurance companies authorized to do the same kind or kinds of
insurance business.

(c) Nothing herein contained shall be deemed to require that the
attorney-in-fact of a foreign or alien reciprocal insurer shall be
resident or domiciled in this state, or shall maintain his or its
principal office in this state, or shall be organized under the laws of
this state; but every authorized reciprocal insurer shall maintain at
least one office in this state.

(d) Every foreign or alien reciprocal insurer shall maintain a minimum
surplus to policyholders in an amount at least equal to that required of
a similar domestic reciprocal insurer organized and licensed to do the
same kind or kinds of insurance.

(e) The superintendent shall pursuant to section one thousand two
hundred twelve of this chapter be appointed the true and lawful attorney
for every such foreign or alien reciprocal insurer and any service upon
him shall be equivalent to the personal service within this state of
such process on each and every of the individual subscribers or
underwriters, by whatever name called, of such reciprocal insurer.

(f) (1) The superintendent may accept the statement of the duly
authorized attorney-in-fact, or of any officer of a corporation
attorney-in-fact, or of any member of a firm attorney-in-fact,
subscribed and affirmed by him as true under the penalties of perjury,
that all of the subscribers have executed the subscriber's agreement
used by such reciprocal insurer, which agreement shall authorize the
attorney-in-fact to designate and appoint the superintendent as attorney
in this state and the supervisory insurance officials of other
jurisdictions upon whom legal process may be served.

(2) Whenever any change, amendment or modification of the power of
attorney or subscriber's agreement has been submitted for execution to
subscribers, in the manner prescribed by section six thousand one
hundred seven of this article, a certified copy thereof shall be filed
with the superintendent and within thirteen months thereafter there
shall be filed with the superintendent a statement similarly subscribed
to the effect that it has been signed by all subscribers of record.

(3) The attorney-in-fact shall annually with the filing of the annual
statement of such foreign or alien reciprocal insurer certify that all
other and additional subscribers which have joined such insurer have
executed the subscriber's agreement as last amended and on file with the
superintendent.

(g) The subscriber's agreement and articles of association, if any, of
every foreign reciprocal insurer licensed to do business in this state
on January first, nineteen hundred forty shall conform to the
requirements applicable to a domestic reciprocal insurer organized and
licensed after such date.