| | | (2)__Four members appointed by the member insurers, at | | least 2 of whom are domestic insurers and at least one | | of whom is a 3rd-party administrator. |
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| | | B.__Members of the board serve for 3-year terms, except that | | of those members initially appointed by the superintendent, | | 2 members serve for a term of one year, 2 members for a term | | of 2 years and 2 members for a term of 3 years and of those | | members initially appointed by the member insurers, one | | member serves for a term of one year, one member serves for | | a term of 2 years and 2 members serve for a term of 3 years.__ | | The appointing authority shall designate the period of | | service of each initial appointee at the time of | | appointment. |
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| | | C.__The board shall elect one of its members as chair. |
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| | | D.__Board members may be reimbursed from funds of the | | association for actual and necessary expenses incurred by | | them as members but may not otherwise be compensated for | | their services. |
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| | | 3.__Plan of operation.__The board shall adopt a plan of | | operation in accordance with the requirements of this chapter and | | submit its articles, bylaws and operating rules to the | | superintendent for approval.__If the board fails to adopt the | | plan of operation and suitable articles and bylaws within 90 days | | after the appointment of the board, the superintendent shall | | adopt rules to effectuate the requirements of this chapter and | | those rules remain in effect until superseded by a plan of | | operation and articles and bylaws submitted by the board and | | approved by the superintendent.__Rules adopted by the | | superintendent pursuant to this subsection are routine technical | | rules as defined in Title 5, chapter 375, subchapter 2-A. |
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| | | 4.__Immunity.__A board member is not liable and is immune from | | suit at law or equity for any conduct performed in good faith | | that is within the scope of the board's jurisdiction. |
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| | | §3905.__Liability and indemnification |
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| | | 1.__Liability.__The board and its employees may not be held | | liable for any obligations of the association.__A cause of action | | may not arise against the association; the board, its agents or | | its employees; a member insurer or its agents, employees or | | producers; or the superintendent for any action or omission in | | the performance of powers and duties pursuant to this chapter. |
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| | | 2.__Indemnification.__The board may provide in its bylaws or | | rules for indemnification of, and legal representation for, its | | members and employees. |
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