LD 933
pg. 32
Page 31 of 38 PUBLIC Law Chapter 346 Page 33 of 38
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LR 2060
Item 1

 
7. Consideration of assessments in determining premium rates
and dividends. It shall be is proper for any member insurer in
determining its premium rates and policyowner dividends as to any
kind of insurance within the scope of this chapter, to consider
the amount reasonably necessary to meet its assessment
obligations under this chapter.

 
8. Assessment shortfalls. If the maximum assessment,
together with the other assets of the association in any account,
does not provide in any one year in any one account an amount
sufficient to make all necessary payments from that account, the
shortfall shall must be assessed as an obligation of the other
accounts of the association. Each member insurer's assessment
shall must be in the proportion that its premium for the calendar
year preceding the assessment on the kinds of insurance in the
accounts to be assessed bears to the total premium of all member
insurers for the same calendar year on the kinds of insurance in
those accounts. The total of assessments against a member
insurer for shortfalls under this section and section 4440 in any
one calendar year shall may not exceed 2% of that member
insurer's premiums in this State or for policies covered by the
account. Within 7 days after the board of directors votes to
levy an assessment under this subsection, the chair of the board
of directors shall notify the chairs of the joint standing
committee of the Legislature having jurisdiction over banking and
insurance matters that the association has voted to make that
assessment. The notification must be in writing and must include
the total amount to be assessed against each account and the name
of the account to which the assessed funds will be credited.

 
9.__Certificate of contribution. The association shall issue
to each insurer paying an assessment under this chapter, other
than a Class A assessment, a certificate of contribution, in a
form prescribed by the superintendent, for the amount of the
assessment so paid.__All outstanding certificates are of equal
dignity and priority without reference to amounts or dates of
issue.

 
Sec. 8. 24-A MRSA §4611, sub-§1, ¶¶ A and C, as enacted by PL 1983, c.
846, are amended to read:

 
A. Notify the board of directors of the existence of an
impaired insurer not later than 3 days after a determination
of impairment or insolvency is made or he the superintendent
has received the notice of impairment or insolvency;

 
C. When an impairment is declared, pursuant to section 4605
determined, as defined in section 4605-A, subsection 6, paragraph
B 10, and the amount of the impairment is determined, serve a
demand upon the impaired insurer to make


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