TITLE 41

INSURANCE

CHAPTER 28

ORGANIZATION AND CORPORATE PROCEDURES OF STOCK AND MUTUAL INSURERS

41-2844.  Dividends to policy holders. (1) The directors of a domestic mutual insurer may from time to time apportion any pay or credit to its members dividends only out of that part of its surplus funds which represents net realized savings, net realized earnings, and net realized capital gains, all in excess of the surplus required by law to be maintained by the insurer.

(2)  A dividend otherwise proper may be payable out of such savings, earnings, and gains even though the insurer’s total surplus is then less than the aggregate of contributed surplus remaining unpaid by the insurer.

(3)  A domestic stock insurer may pay dividends to holders of its participating policies out of any available surplus funds.

(4)  No dividend shall be paid which is inequitable, or which unfairly discriminates as between classifications of policies or policies within the same classification.

(5)  This section is subject to section 41-1933(3) (provision, etc. of dividends out of earnings on nonparticipating policies).

History:

[41-2844, added 1961, ch. 330, sec. 612, p. 645.]