33-5-201. Organization of reciprocal insurer. (1) (a) Twenty-five or more persons domiciled in this state may organize a domestic reciprocal insurer and apply to the commissioner for a certificate of authority to transact insurance.
     (b) Eight or more employers with a total of more than 500 employees may organize a domestic reciprocal insurer and apply to the commissioner for a certificate of authority to transact insurance for the purpose of providing workers' compensation coverage for their employees.
     (2) The proposed attorney shall file with the commissioner when applying for a certificate of authority a declaration setting forth:
     (a) the name of the insurer;
     (b) the location of the insurer's principal office, which must be the same as that of the attorney and must be maintained within this state;
     (c) the kinds of insurance proposed to be transacted, which in the case of a reciprocal insurer organized pursuant to subsection (1)(b) may only be workers' compensation coverage for employees;
     (d) the names and addresses of the original subscribers;
     (e) the designation and appointment of the proposed attorney and a copy of the power of attorney;
     (f) the names and addresses of the officers and directors of the attorney, if a corporation, or its members, if a firm;
     (g) the powers of the subscribers' advisory committee and the names and terms of office of the members of the committee;
     (h) that all money paid to the reciprocal insurer must, after deducting any sum payable to the attorney, be held in the name of the insurer and for the purposes specified in the subscribers' agreement;
     (i) a copy of the subscribers' agreement;
     (j) a statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted and that the insurer has received from each subscriber the full premium or premium deposit required for the policy applied for, for a term of not less than 6 months at an adequate rate filed with and approved by the commissioner;
     (k) a statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required by 33-5-401 is on hand; and
     (l) a copy of each policy, endorsement, and application form proposed for issue or use.
     (3) The declaration must be acknowledged by the attorney in the manner required for the acknowledgment of deeds.

     History: En. Sec. 545, Ch. 286, L. 1959; R.C.M. 1947, 40-5008; amd. Sec. 15, Ch. 198, L. 1979; amd. Sec. 1, Ch. 500, L. 2003.