LD 933
pg. 28
Page 27 of 38 PUBLIC Law Chapter 346 Page 29 of 38
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LR 2060
Item 1

 
preceding calendar year. The line of credit provided for
in this paragraph shall be subject to prior review and
approval by the superintendent at the time of origination
and at any subsequent renewal.

 
(2) If the association cannot obtain a line of credit,
a member insurer may obtain a line of credit from a
qualified financial institution or may extend a line of
credit itself directly to and for the benefit of the
member insurer's account by submitting to the
association a duly authorized and executed line of
credit agreement providing that the member insurer
shall provide funding to the association under the line
of credit within one business day of receipt of a
written notice from the superintendent of an impaired
insurer as defined in section 4605 and receipt of a
written request from the association for a drawdown
under the line of credit. The line of credit agreement
shall be subject to prior review and approval by the
superintendent at the time of origination and at any
subsequent renewal. It shall include such commercially
reasonable provisions as the association or the
superintendent may deem advisable, including a
provision that the line of credit is irrevocable or for
a stated period of time and provides for a 30-day
notice to the association and the superintendent that
the line is being terminated or not renewed. Any line
of credit issued under this paragraph may be replaced
with another line of credit and the existing line of
credit shall be released by the association once a
substitute line of credit has been provided or the
assessment provided for in this paragraph has been
paid.

 
(3) If a line of credit is not given as provided for
in subparagraph (2), the member insurer shall be
responsible for payment of an assessment of up to that
member's proportionate share of the applicable maximum
as set forth in this paragraph which shall be paid into
a preinsolvency assessment fund in each account. Funds
in each account shall only be used for the payment of
claims and expenses of an insolvent insurer in that
account.

 
(4) All materials and information submitted or
considered under this paragraph shall be matters of
public record.

 
E. Class E assessments shall be made to the extent
necessary to carry out the powers and duties of the
association under subsection 8.


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