1. The directors of a domestic mutual insurer may from time to time apportion and 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. Subject to NRS 688A.380 (participating, nonparticipating policies; accounting, allocations, dividends), a domestic stock insurer may pay dividends to holders of its participating policies out of its available surplus.
3. No such dividend shall be paid which is inequitable, or which unfairly discriminates between classifications of policies or policies within the same classification.
(Added to NRS by 1971, 1804)