Legislation
SECTION 6610
Limitation of risk
Insurance (ISC) CHAPTER 28, ARTICLE 66
§ 6610. Limitation of risk. (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.
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.