Section 6610. Limitation of risk  


Latest version.
  • (a) Subject to the other provisions of
      this section, the maximum amount of insurance less reinsurance in  other
      authorized insurers or in accredited reinsurers as defined in subsection
      (a) of section one hundred seven of this chapter which may be assumed by
      a  co-operative property/casualty insurance company on a single risk for
      every kind of insurance it is authorized to write shall not  exceed,  in
      accordance  with  section  one  thousand  one  hundred  fifteen  of this
      chapter, ten percent of its surplus to policyholders  as  shown  in  its
      last sworn statement filed with the superintendent.
        (b)  The  maximum  amount  of  insurance  less  reinsurance  in  other
      authorized insurers or in accredited reinsurers as defined in subsection
      (a) of section one hundred seven of this chapter which may be assumed by
      an advance premium corporation on property not  protected  by  automatic
      sprinklers,  situated  within the boundaries of one city block or on one
      group of buildings composed of attached or adjacent buildings which have
      less than sixty feet of clear space at all points between such buildings
      and other buildings, shall not exceed ten  percent  of  its  surplus  to
      policyholders  as  shown  in  its  last  sworn  statement filed with the
      superintendent.
        (c)  The  maximum  amount  of  insurance  less  reinsurance  in  other
      authorized insurers or in accredited reinsurers as defined in subsection
      (a) of section one hundred seven of this chapter which may be assumed by
      an  assessment  corporation  on a single risk for the kinds of insurance
      listed below shall not exceed three percent of its surplus as  shown  in
      its  last  sworn  statement  filed  with  the superintendent or fourteen
      thousand dollars, whichever is greater.
        Kinds of insurance specified in the following numbered  paragraphs  of
      subsection  (a)  of  section  one  thousand one hundred thirteen of this
      chapter:
        (4) fire insurance;
        (5) miscellaneous  property  insurance  (excluding  insurance  against
      windstorm, tornado, cyclone, flood, earthquake or volcanic eruption);
        (6) water damage insurance;
        (7) burglary and theft insurance;
        (8) glass insurance;
        (9) boiler and machinery insurance;
        (12) collision insurance;
        (20) marine and inland marine insurance (inland marine insurance only;
      except  insurance  within  paragraph  twenty against windstorm, tornado,
      cyclone, flood, earthquake or volcanic eruption).
        The term "risk" means property which is situate less than  sixty  feet
      from  other  property  except  property  consisting  of  or located in a
      building of fire resistive construction or fully protected by  automatic
      sprinklers.
        (d)  The  maximum amount of insurance (including the obligation to pay
      outside loss adjustment expense) less reinsurance  in  other  authorized
      insurers  or  accredited  reinsurers  as  defined  in  subsection (a) of
      section one hundred seven of this chapter which may  be  assumed  by  an
      assessment  corporation  on  a  single  risk  for the kinds of insurance
      listed below shall not exceed two percent of its surplus as shown in its
      last sworn statement filed with the superintendent.
        Kinds of insurance specified in the following numbered  paragraphs  of
      subsection  (a)  of  section  one  thousand one hundred thirteen of this
      chapter:
        (13) personal injury liability insurance;
        (14) property damage liability insurance;
        (15) workers'  compensation   and   employers'   liability   insurance
      (excluding  workers'  compensation insurance, but not excluding workers'
    
      compensation insurance required  by  subsection  (j)  of  section  three
      thousand four hundred twenty of this chapter);
        (19)  motor  vehicle and aircraft physical damage insurance (excluding
      aircraft physical damage insurance).
        (e)  The  maximum  amount  of  insurance  less  reinsurance  in  other
      authorized insurers or in accredited reinsurers as defined in subsection
      (a) of section one hundred seven of this chapter which may be assumed by
      an  assessment  corporation  on  a  single  risk  for  insurance against
      windstorm, tornado, cyclone,  flood,  earthquake  or  volcanic  eruption
      shall  not  exceed two percent of its surplus as shown in its last sworn
      statement filed with the  superintendent,  provided  however,  that  the
      aggregate  amount  incurred,  after  deducting  such  reinsurance,  with
      respect to losses due to a single occurrence of such insured peril which
      exceeds ten percent of the company's surplus as shown in its last  sworn
      statement  filed  with  the  superintendent  shall be reinsured in other
      authorized insurers or in accredited reinsurers as defined in subsection
      (a) of section one hundred seven  of  this  chapter.  The  term  "single
      occurrence"  means  all  losses  occasioned  by the perils of windstorm,
      tornado, cyclone, flood, earthquake or volcanic  eruption  arising  from
      the   same   continuous   atmospheric   disturbance  or  other  physical
      disturbance occurring within a seventy-two hour period.