§431:4-318  Accrual of liability.  (a) 
If at any time the assets of a domestic mutual insurer are less than its
liabilities and the minimum surplus, if any, required of it by this code as
prerequisite for continuance of its certificate of authority, and the
deficiency is not cured from other sources, its directors may, if approved by
the commissioner, make an assessment only on its members who at any time within
the twelve months immediately preceding the date assessment was authorized by
its directors held policies providing for contingent liability.



(b)  The assessment shall be for such an amount
of money as is required in the opinion of the commissioner, to render the
insurer fully solvent, and provide a reasonable amount of working capital above
the minimum amount of surplus, but the working capital so provided shall not
exceed five per cent of the insurer's liabilities as of the date on which the
amount of deficiency was determined.



(c)  A member's proportionate part of any
assessment shall be computed by applying to the premium earned within the
twelve-month period on the member's contingently liable policy or policies the
ratio of the total assessment to the total premium earned during the period on
all contingently liable policies which are subject to the assessment.



(d)  No member shall have an offset against any
assessment for which the member is liable, on account of any claim for unearned
premium or losses payable. [L 1987, c 347, pt of §2]