Declaration to be filed by attorney in fact

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  • Such attorney shall file with the Commissioner of Insurance of this Territory a declaration, verified by the oath of its president or oaths of its treasurer and secretary setting forth:
    • (a) The name of the attorney and the name or designation of the exchange under which such contracts are to be issued, which name or designation shall not be so similar to any other name or designation therefore adopted by any attorney or by any insurance organization in this Territory so as to confuse or deceive;

    • (b) The kind or kinds of insurance to be effected or exchanged;

    • (c) A copy of the form of policy contract or agreement under or by which such insurance is to be effected or exchanged and forms of application therefor;

    • (d) A certified copy of the power of attorney or other authorization of such attorney under or by which such attorney is to effect or exchange such insurance contracts;

    • (e) The location of the office or offices from which such contracts or agreements are to be issued;

    • (f) That except as to the kinds of insurance hereinafter specifically mentioned in this paragraph, applications have been made for indemnity upon at least twenty-five (25) separate risks aggregating not less than one million dollars ($1,000,000) represented by executed contracts or bona fide applications to become concurrently effective. In the case of automobile insurance, applications shall have been made for indemnity upon at least five hundred motor vehicles or for insurance aggregating not less than one-half million dollars ($500,000.00) represented by executed contracts or bona fide applications to become concurrently effective on any or all classes of automobile insurance effected by said subscribers through said attorneys. The Commissioner of Insurance, in his discretion, may require greater or fewer applications aggregating higher or lesser sums;

    • (g) That there shall be maintained at the exchange, available for the payment of losses, assets conforming to the requirements of section 435 of this chapter;

    • (h) A financial statement under oath in form prescribed by the Commissioner of Insurance;

    • (i) An instrument authorizing service of process as provided for in this chapter; and

    • (j) Where the principal office of the attorney is located in another jurisdiction, a certificate from the proper official of the jurisdiction where the principal office is maintained, that the subscribers and the attorney have complied with all provisions of law and are authorized in that jurisdiction to transact the classes of business which are sought to be transacted in this Territory.


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