(a) Assessments may be levied upon the subscribers of a domestic reciprocal by the attorney in accordance with § 56-16-112. The assessments shall be approved in advance by the board of directors and the department.
Terms Used In Tennessee Code 56-16-207
Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
Reciprocal: means the aggregation of subscribers under a common name. See Tennessee Code 56-16-102
Subscriber: means a person obligated under a reciprocal insurance agreement. See Tennessee Code 56-16-102
(b) Each domestic reciprocal subscriber‘s share of a deficiency for which an assessment is made shall be computed by multiplying the premiums earned on the subscriber’s policies during the period to be covered by the assessment by the ratio of the total deficiency to the total premiums earned during the period upon all policies subject to the assessment. However, no assessment shall exceed the aggregate contingent assessment liability computed in accordance with § 56-16-112. For the purposes of this section, the premiums earned on the subscriber’s policies are the gross premiums charged by the reciprocal for the policies, minus any charges not recurring upon the renewal or extension of the policies. No subscriber shall have an offset against any assessment for which the subscriber is liable on account of any claim for unearned premium or losses payable.
