Current through Register Vol. 22-07, April 1, 2022
(1) The association
must be administered by a governing board, subject to the supervision of the
commissioner, and operated by a service company or companies appointed by the
board.
(2) The board must consist
of five members. Three board members must be member insurers appointed by the
commissioner. The other two board members must be licensees who are appointed
by the commissioner to so serve, neither of whom shall have an interest,
directly or indirectly, in any insurer except as a policyholder. Two of the
original board members must be appointed to serve an initial term of three
years, two must be appointed to serve an initial term of two years, and the
remaining must be appointed to serve a one-year initial term. All other terms
must be for three years or until a successor has been appointed. Not more than
one member insurer in a group under the same management or ownership shall
serve on the board at the same time. At least one of the three insurers on the
board must be a domestic insurer. Members of the board may be removed by the
commissioner for cause.
(3) The
association must indemnify each person serving on the board or any subcommittee
thereof, each member insurer of the association, and each officer and employee
of the association all costs and expenses actually and necessarily incurred by
him, her, or it in connection with the defense of any action, suit, or
proceeding in which he, she, or it is made a party by reason of his, her, or
its being or having been a member of the board, or a member or officer or
employee of the association, except in relation to matters as to which he, she,
or it has been judged in such action, suit, or proceeding to be liable by
reason of willful misconduct in the performance of his, her, or its duties as a
member of such board, or member, officer, or employee of the association. This
indemnification shall not be exclusive of other rights as to which such member,
or officer, or employee may be entitled as a matter of law.
(4) The association at the discretion of the
board may agree to indemnify its appointed service company or companies and its
staff from all costs and expenses actually and necessarily incurred by them in
defense of any action, suit, or proceeding in which they are made a party by
reason of their being or having been a service company of the association,
except in relation to matters as to which they have been judged by a court of
competent jurisdiction, to have engaged in willful misconduct in the
performance of their duties as a service company on its behalf by
staff.
