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Insurance determines, after considering the financial | | condition and catastrophic loss exposure of both the | | group self-insurer and the account, that it is necessary | | to maintain additional reinsurance protection, maintain a | | lower self-insured retention level or provide some other | | form of additional security, singly or in combination. |
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| | | B.__An account must operate in accordance with a plan of | | operation established by the group self-insurer members and | | approved by the Superintendent of Insurance. |
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| | | (1)__Those group self-insurers creating an account | | shall submit to the Superintendent of Insurance a plan | | of operation and any amendments to it that are | | necessary to ensure the fair, reasonable and equitable | | administration of the account.__The plan of operation | | is effective upon approval by the superintendent.__Any | | amendments subsequent to the plan's initial approval | | must be submitted to the superintendent by the plan's | | board of directors and are effective upon approval by | | the superintendent. |
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| | | (2)__The plan of operation must: |
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| | | (a)__Create a board of directors and initial | | bylaws, including the terms and conditions of | | board membership and the manner by which board | | members are initially appointed and are replaced | | when vacancies occur; |
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| | | (b)__Establish the procedures by which all the | | powers and duties of the account are performed, | | including, but not limited to, defining the date | | and conditions pursuant to which the account will | | commence coverage for claims by participating | | group self-insurer members and establishing | | provisions for determining limits of exposure for | | the account; |
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| | | (c)__Establish procedures for handling assets of a | | fund created pursuant to paragraph C; |
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| | | (d)__Establish underwriting rules and criteria by | | which rates are to be established; |
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| | | (e)__Establish procedures by which claims may be | | filed with the account; |
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