Legislation
SECTION 6107
Changes and amendments
Insurance (ISC) CHAPTER 28, ARTICLE 61
§ 6107. Changes and amendments. (a) (1) No reciprocal insurer shall
change its name or amend its subscriber's agreement without first
obtaining the written approval of the superintendent.
(2) No such insurer shall establish branch offices under other or
different names or titles.
(b) The superintendent shall approve any change or substitution in the
attorney-in-fact of any such insurer and there shall be filed in the
office of the new attorney-in-fact new subscriber's agreements or
amendments to the existing subscriber's agreements containing the new
powers of attorney signed by every subscriber of such reciprocal
insurer. Notwithstanding the foregoing, a foreign reciprocal that
primarily provides coverage to former and current military officers and
their families shall notify the superintendent of any change or
substitution in the attorney-in-fact of such insurer and the new
attorney-in-fact shall apply for licensure pursuant to section six
thousand one hundred five of this article within thirty days of such
change or substitution.
(c) After any reciprocal insurer is authorized to do business in this
state, it may be joined by other and additional subscribers who have
been accepted and are qualified and have executed a subscriber's
agreement and power of attorney identical with the instruments in effect
at that time and which all other subscribers have executed.
(d) (1) No such change and no amendment or modification in the
provisions of the subscriber's agreement shall be submitted to the
subscribers for execution unless approved by the advisory committee at a
meeting duly called for such purpose.
(2) Every such change, amendment or modification shall be submitted
for execution to all existing subscribers contemporaneously and shall
take effect, as to all subscribers executing the same, at the expiration
of one year from the date of such submission.
(3) Any subscriber failing to execute any new subscriber's agreement
or any amendment to an existing subscriber's agreement within one year
after its submission to such subscriber shall be deemed to have
withdrawn from membership in such reciprocal.
(4) Notwithstanding paragraphs one, two and three hereof, in the case
of any reciprocal insurer which shall have issued its policies, or
binders, with the subscriber's agreement and statement printed thereon
pursuant to paragraph two of subsection (a) of section six thousand one
hundred six of this article, or a reciprocal insurer having a corporate
attorney-in-fact wholly owned by the subscribers at such reciprocal
insurer who provides with such submission a copy of the subscriber's
agreement in force, the failure of any subscriber at such reciprocal to
object in writing thereto within sixty days after the date of such
submission shall constitute such subscriber's acceptance of such change,
amendment or modification as fully and to the same extent as though
acceptance of such change, amendment or modification had been signed and
acknowledged by that subscriber and such change, amendment or
modification shall take effect, as to all subscribers at such reciprocal
who have not objected thereto in writing, at the expiration of sixty
days from the date of submission. Any subscriber at such reciprocal who
objects in writing, within sixty days from the date of such submission,
to such change, amendment or modification shall be deemed to have
withdrawn from membership in such reciprocal.
change its name or amend its subscriber's agreement without first
obtaining the written approval of the superintendent.
(2) No such insurer shall establish branch offices under other or
different names or titles.
(b) The superintendent shall approve any change or substitution in the
attorney-in-fact of any such insurer and there shall be filed in the
office of the new attorney-in-fact new subscriber's agreements or
amendments to the existing subscriber's agreements containing the new
powers of attorney signed by every subscriber of such reciprocal
insurer. Notwithstanding the foregoing, a foreign reciprocal that
primarily provides coverage to former and current military officers and
their families shall notify the superintendent of any change or
substitution in the attorney-in-fact of such insurer and the new
attorney-in-fact shall apply for licensure pursuant to section six
thousand one hundred five of this article within thirty days of such
change or substitution.
(c) After any reciprocal insurer is authorized to do business in this
state, it may be joined by other and additional subscribers who have
been accepted and are qualified and have executed a subscriber's
agreement and power of attorney identical with the instruments in effect
at that time and which all other subscribers have executed.
(d) (1) No such change and no amendment or modification in the
provisions of the subscriber's agreement shall be submitted to the
subscribers for execution unless approved by the advisory committee at a
meeting duly called for such purpose.
(2) Every such change, amendment or modification shall be submitted
for execution to all existing subscribers contemporaneously and shall
take effect, as to all subscribers executing the same, at the expiration
of one year from the date of such submission.
(3) Any subscriber failing to execute any new subscriber's agreement
or any amendment to an existing subscriber's agreement within one year
after its submission to such subscriber shall be deemed to have
withdrawn from membership in such reciprocal.
(4) Notwithstanding paragraphs one, two and three hereof, in the case
of any reciprocal insurer which shall have issued its policies, or
binders, with the subscriber's agreement and statement printed thereon
pursuant to paragraph two of subsection (a) of section six thousand one
hundred six of this article, or a reciprocal insurer having a corporate
attorney-in-fact wholly owned by the subscribers at such reciprocal
insurer who provides with such submission a copy of the subscriber's
agreement in force, the failure of any subscriber at such reciprocal to
object in writing thereto within sixty days after the date of such
submission shall constitute such subscriber's acceptance of such change,
amendment or modification as fully and to the same extent as though
acceptance of such change, amendment or modification had been signed and
acknowledged by that subscriber and such change, amendment or
modification shall take effect, as to all subscribers at such reciprocal
who have not objected thereto in writing, at the expiration of sixty
days from the date of submission. Any subscriber at such reciprocal who
objects in writing, within sixty days from the date of such submission,
to such change, amendment or modification shall be deemed to have
withdrawn from membership in such reciprocal.