Ariz. Rev. Stat. » Title 20
Arizona Revised Statutes

Ariz. Rev. Stat. § 20-791 (2026)

Impaired reciprocal insurers

✓ current as of May 2026
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A. If the assets of a reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers for the amount needed to make up the deficiency, but subject to the limitation set forth in the power of attorney or policy.

B. If the attorney fails to make up the deficiency or to make the assessment within thirty days after the director orders him to do so, or if the deficiency is not fully made up within sixty days after the date the assessment was made, the insurer shall be deemed insolvent and shall be proceeded against as authorized by this title.

C. If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount, subject to limits as provided by this article, as the director determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by the attorney or other persons, but including the reasonable cost of the liquidation.

Notes of Decisions
Cited in 2 cases, 1986–1997 · leading case: A.H. v. Arizona Prop. & Cas. Ins. Guar. Fund, 950 P.2d 1147 (Ariz. 1997).
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A.H. v. Arizona Prop. & Cas. Ins. Guar. Fund, 950 P.2d 1147 (Ariz. 1997). “Covered claims by subscribers of an insolvent reciprocal insurer shall not be paid until all subscribers have been assessed pursuant to § 20-791. 3 . Section 20-673(C) reads as follows: Where more than one policy may be applicable, a policy issued by the insolvent insurer shall…”
Arizona Prop. & Cas. Ins. Guar. Fund v. Ueki, 724 P.2d 70 (Ariz. Ct. App. 1986). “Covered claims by subscribers of an insolvent reciprocal insurer shall not be paid until all subscribers have been assessed pursuant to § 20-791. “C. Where more than one policy may be applicable, a policy issued by the insolvent insurer shall be deemed to be excess coverage.”
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