LD 1601
pg. 7
Page 6 of 9 An Act To Authorize the Superintendent of Insurance To Establish a Fair Access ... Page 8 of 9
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LR 2026
Item 1

 
provisions of this section or at the hearings conducted in
connection with such an inspection.

 
10.__Insolvency.__In the event any participating insurer
fails, by reason of insolvency, to pay any assessment, the
association shall cause the reimbursement ratios to be
immediately recalculated, excluding from this recalculation the
amount of the insolvent insurer's assessment determined by the
superintendent to be uncollectible, so that such uncollectible
amount is, in effect, assumed and redistributed among the
remaining participating insurers.

 
11.__Assessments and premium surcharges.__If a deficit occurs
in the association, the association shall assess participating
insurers in accordance with this subsection and each insurer may
charge a premium surcharge on every property insurance policy
issued by it insuring property in this State, the effective date
of which policy is within the 3-year period commencing 90 days
after the date of assessment by the association.__The amount of
the surcharge must be calculated on the basis of a uniform
percentage of the premium on such policies equal to 1/3 of the
ratio of the amount of an insurer's assessment to the amount of
its direct earned premiums as reported in its financial statement
to the bureau for the calendar year immediately preceding the
year in which the assessment is made, such that over the period
of 3 years the aggregate of all such surcharges by an insurer
equals the amount of the assessment of such insurer.__The minimum
surcharge on a policy is $1.__A surcharge may be rounded to the
nearest dollar.

 
12.__Sanctions.__If the association, inspection bureau or a
participating insurer is found to be in violation of or in
failure to comply with this section, such entity is subject to
the penalties authorized in section 12-A.__The superintendent may
also utilize any other disciplinary procedures authorized by this
Title, including the cease and desist procedures authorized by
section 12-A.

 
13.__Annual report.__The association shall compile a calendar
year annual operating report and submit this annual report to the
superintendent and the joint standing committee of the
Legislature having jurisdiction over insurance and financial
services matters on or before March 31st of the following
calendar year.__The annual report is a public record as defined
in Title 1, section 402, subsection 3.

 
14.__Powers of superintendent.__In addition to any powers
conferred upon the superintendent by this section or any other
law, the superintendent shall supervise the association and the
inspection bureau. In addition, the superintendent may:


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