Section 1374.1 Of Article 5. Finances From California Insurance Code >> Division 1. >> Part 2. >> Chapter 3. >> Article 5.
1374.1
. (a) "Surplus deposits of subscribers," as used in this
chapter, means amounts, over and above any premium charges, which are
contributed by subscribers and which are used for the purpose of
funding the surplus of a reciprocal or interinsurance exchange. No
subscriber shall have a secured or preferred claim against any of the
assets of the reciprocal or interinsurance exchange arising out of
surplus deposits. All assets, including the surplus deposits, shall
be held by the reciprocal or interinsurance exchange and made
available for payment of claims of policyholders and creditors of the
reciprocal or interinsurance exchange in preference to any claim for
withdrawal by a subscriber. A subscriber may, upon withdrawal from
membership and cancellation of all such insurance contracts held by
the subscriber with the insurer, withdraw the amount of the
subscriber's surplus deposits, less such surrender charges as may be
deducted pursuant to the subscriber's or insured's agreement, but
only if the subscriber has given written notice to the
attorney-in-fact at least 60 days in advance of the withdrawal.
(b) Withdrawal of surplus deposits of subscribers shall not be
permitted if, as a result of the withdrawal, the policyholder's
surplus of the exchange would be less than the capital and surplus
required by Sections 700.01, 700.02, and 700. 025.
(c) Withdrawal of surplus deposits of subcribers shall not be
permitted after an order of conservation or liquidation of, or the
appointment of a conservator or liquidator for, any such reciprocal
or interinsurance exchange.