Vermont § 3615 - Powers and duties of Association

§ 3615. Powers and duties of Association

• (a) The Association shall: (1) Be obligated to the extent of the covered claims existing prior to the order of liquidation,
  arising within 30 days after the order of liquidation, or before the policy expiration
  date if less than 30 days after the order of liquidation, or before the insured replaces
  the policy or causes its cancellation, if the insured does so within 30 days of the
  determination, but this obligation shall include only that amount of each covered
  claim that, unless it is a claim arising out of a workers’ compensation policy, is
  less than $500,000.00 and that, if it is a claim for unearned premium, is in excess
  of $25.00. In no event shall the Association be obligated to a policyholder or claimant
  in an amount in excess of the obligation of the insolvent insurer under the policy
  from which the claim arises, nor for any claim filed with the Association after the
  final date set for the filing of claims against the liquidator or receiver of the
  insolvent insurer, nor in any event after the expiration of three years from the date
  of determination of the insolvency of such insurer. (2) Be deemed the insurer to the extent of its obligation on the covered claims and to
  such extent shall have all rights, duties, and obligations of the insolvent insurer
  as if the insurer had not become insolvent. (3) Allocate claims paid and expenses incurred among the three accounts and assess member
  insurers separately for each account those amounts necessary to pay the obligations
  of the Association under subdivision (1) of this subsection subsequent to an insolvency,
  the expense of handling claims subsequent to an insolvency, and the cost of examinations
  under section 3620 of this title and other expenses authorized by this subchapter. The assessments of each member
  insurer shall be in the proportion that the net direct written premiums of the member
  insurer for the calendar year preceding the assessment bears to the net direct written
  premiums of all member insurers and for the calendar year preceding the assessment.
  Each member insurer shall be notified of the assessment not later than 30 days before
  it is due. No member insurer may be assessed in any year on any account an amount
  greater than two percent of that member insurer’s net direct written premiums for
  the calendar year preceding the determination of insolvency on the kinds of insurance
  in the account. If the maximum assessment, together with the other assets of the Association,
  does not provide in any year in any account an amount sufficient to make all necessary
  payments from that account, the funds available may be prorated and the unpaid portion
  shall be paid as soon thereafter as funds become available. The Association shall
  pay claims in any order that it considers reasonable, including the payment of claims
  as they are received from the claimants or in groups or categories of claims. The
  Association may exempt or defer, in whole or in part, the assessment of any member
  insurer if the assessment would cause the member insurer’s financial statement to
  reflect amounts of capital or surplus less than the minimum amounts required for a
  certificate of authority by any jurisdiction in which the member insurer is authorized
  to transact insurance. While an assessment is deferred, however, the member insurer
  shall not pay dividends to its shareholders or policyholders. Deferred assessments
  shall be paid by the insurer when payment will not reduce capital or surplus below
  required minimums, and the payments shall be either refunded to those members that
  received larger assessments because of the deferment or, at the election of the member,
  credited against future assessments. Each member insurer authorized by the Association
  to act as a servicing facility may set off against any assessment all authorized payments
  made on covered claims and all expenses incurred in the payment of those claims. (4) Investigate claims brought against the Association and adjust, compromise, settle,
  and pay covered claims to the extent of the Association’s obligation and deny all
  other claims and may review settlements, releases, and judgments to which the insolvent
  insurer or its insureds were parties to determine the extent to which such settlements,
  releases, and judgments may be properly contested. (5) Notify such persons as the Commissioner directs under subdivision 3617(b)(1) of this title. (6) Handle claims through its employees or through one or more insurers or other persons
  designated as servicing facilities. Designation of a servicing facility is subject
  to the approval of the Commissioner, but such designation may be declined by a member
  insurer. (7) Reimburse each servicing facility for obligations of the Association paid by the facility
  and for expenses incurred by the facility while handling claims on behalf of the Association
  and shall pay the other expenses of the Association by this subchapter. (b) The Association may: (1) employ or retain such persons as are necessary to handle claims and perform other
  duties of the Association; (2) borrow funds necessary to effect the purposes of this subchapter in accord with the
  plan of operating; (3) sue or be sued; (4) negotiate and become a party to such contracts as are necessary to carry out the purpose
  of this subchapter; (5) perform such other acts as are necessary or proper to effectuate the purpose of this
  subchapter; and (6) refund to the member insurers in proportion to the contribution of each member insurer
  to that account that amount by which the assets of the account exceed the liabilities
  if, at the end of any calendar year, the Board of Directors finds that the assets
  of the Association in any account exceed the liabilities of that account as estimated
  by the Board of Directors for the coming year. (Added 1969, No. 279 (Adj. Sess.), § 7; amended 1979, No. 18, §§ 10, 11; 1981, No. 165 (Adj. Sess.), § 1; 1993, No. 55, § 10, eff. June 3, 1993; 2001, No. 95 (Adj. Sess.), § 2, eff. May 1, 2002; 2009, No. 42, § 15, May 27 2009.)