Section 6605. Organization of assessment corporations  


Latest version.
  • (a) An assessment
      corporation may be organized and licensed in the  manner  prescribed  in
      section  six  thousand  six hundred three of this article and may do, in
      addition to the  kind  of  insurance  specified  in  paragraph  four  of
      subsection  (a)  of  section  one  thousand one hundred thirteen of this
      chapter, any one  or  more  of  the  kinds  of  insurance  specified  in
      paragraphs  five,  six,  seven  and  eight  of such subsection solely in
      conjunction with fire  insurance  written  under  the  same  policy  and
      covering  the  same  premises  and  insurance  against loss or damage to
      property caused by aircraft or vehicles in compliance with the following
      prerequisites:
        (1) It shall have not less than two hundred bona fide applications for
      insurance of such kind or kinds on  real  property  located  within  the
      territory in which it desires to be licensed as above provided, and from
      not  less  than  two  hundred  separate  applicants  who shall have paid
      advance payments  of  estimated  annual  assessments  of  at  least  two
      thousand  dollars  for  insurance  aggregating not less than two hundred
      thousand dollars in each county of such territory and each member  shall
      be  subject  to  assessments,  in addition to required advance payments,
      sufficient to meet incurred losses, expenses and other legal obligations
      for such insurer.
        (2) It shall have a cash  organization  fund  of  not  less  than  one
      hundred fifty thousand dollars, which may be used in the manner provided
      for  in  paragraph  nine  of  subsection (a) of section one thousand two
      hundred one of this chapter, and shall maintain at all times, a  surplus
      of  at least one hundred thousand dollars. For an assessment corporation
      licensed to do the kinds of insurance specified  in  paragraph  nine  of
      subsection  (a)  of  section  one  thousand one hundred thirteen of this
      chapter, except as herein provided, the  corporation  must  maintain  an
      additional  surplus of fifty thousand dollars. The additional surplus is
      not necessary if the whole risk  for  this  peril  is  reinsured  in  an
      insurance  company  authorized  to  do  business in this state, or in an
      accredited reinsurer, as  defined  in  subsection  (a)  of  section  one
      hundred seven of this chapter.
        (3)  Any assessment corporation licensed on the effective date of this
      article which does not possess surplus of one hundred  thousand  dollars
      shall  be restricted to the kinds of insurance for which it was licensed
      immediately prior to the effective date of this article until such  time
      as  the  required  minimum  surplus  specified in paragraph two above is
      accumulated. In no event shall the  surplus  of  such  corporation  fall
      below fifty thousand dollars.
        (b)  Any  licensed assessment corporation may amend its charter and be
      licensed to do the kinds of  insurance  specified  in  paragraphs  nine,
      thirteen,  fourteen and fifteen (except workers' compensation insurance)
      of subsection (a) of section one thousand one hundred thirteen  of  this
      chapter solely in conjunction with fire insurance written under the same
      policy  and  covering  the  same  premises and may be licensed to do the
      kinds of insurance specified in paragraphs twelve,  nineteen  (excluding
      aircraft  physical  damage insurance) and twenty (inland marine only) of
      such subsection.
        (c) An assessment corporation may also be organized  and  licensed  in
      the  manner prescribed in section six thousand six hundred three of this
      article to do within all the counties of the state (except the  counties
      of  New York, Kings, Queens, Bronx and Richmond) as an assuming insurer,
      reinsurance business of a kind or kinds referred  to  in  this  section,
      and,  as  specified  in  its  charter,  on compliance with the following
      prerequisites:
    
        (1) It shall have  not  less  than  ten  bona  fide  applications  for
      reinsurance  of  such kind or kinds on real property located within such
      counties, and from  not  less  than  ten  separate  applying  assessment
      corporations of this state providing for the payment of advance payments
      in  the  form  of  estimated  annual  assessments  of  not less than ten
      thousand dollars, and providing that each such ceding insurer shall,  as
      a  member of such assuming insurer, be subject to additional assessments
      sufficient to meet incurred losses, expenses and other legal obligations
      for such insurer.
        (2) It shall comply with  the  financial  requirements  set  forth  in
      paragraph two of subsection (a) of this section.
        (3)  Such  a  corporation shall, pursuant to such license, do only the
      business of reinsurance, and may not at any time  qualify  as  a  direct
      writing assessment corporation.