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- Alaska Statutes.
- Title 21. Insurance
- Chapter 78. Rehabilitation and Liquidation
- Section 320. Assessment Prima Facie Correct.
previous: Section 310
. Order and Levy of Assessment.
next: Section 325
. Recovery From Affiliates.
AS 21.78.320. Assessment Prima Facie Correct.
- (a) An assessment of a subscriber or member of an insurer made by the director under the order of court fixing the
aggregate amount of the assessment against all members or subscribers and approving the classification and formula made
by the director under AS 21.78.310
shall be prima facie correct.
- (b) Each member or subscriber shall be notified of the amount of assessment to be paid by the member or subscriber by
written notice mailed to the address of the member or subscriber last of record with the insurer. Failure of the
member or subscriber to receive the notice so mailed, within the time specified therein for the payment of the
assessment or at all, shall be no defense in a proceeding to collect the assessment.
- (c) If the member or subscriber fails to pay the assessment within the period specified in the notice, which period may
not be less than 20 days after mailing, the director may obtain an order in the delinquency proceedings requiring the
member or subscriber to show cause at a time and place fixed by the court why judgment should not be entered against
the member or subscriber for the amount of the assessment together with all costs, and a copy of the order and a copy
of the petition shall be served upon the member or subscriber within the time and in the manner designated in the
- (d) If the subscriber or member after due service of a copy of the order and petition referred to in (c) of this section
is made upon the member or subscriber
- (1) fails to appear at the time and place specified in the order, judgment shall be entered against the member or
subscriber as prayed for in the petition; or
- (2) appears in the manner and form required by law in response to the order, the court shall hear and determine the matter
and enter a judgment in accordance with its decision.
- (e) The director may collect the assessment through any other lawful means.
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