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ART. 23] INSURANCE COMMISSIONER. 617
sioner shall proceed against said company in the manner provided in
the seventh sub-section of this section.
Seventh. Whenever the insurance commissioner shall have reason
to believe that any insurance company is insolvent, or fraudulently con-
ducted, or that its assets are not sufficient for carrying on the business
of the same, or during any non-compliance with the provisions of this
article, it shall be his duty to make complaint thereof to the judge of
either of the circuit courts of Baltimore city, or any judge of the
circuit court for the county where the company or agent may be located,
as the case may be; which judge shall, upon the requisition of the
commissioner, appoint a commission, consisting of the insurance com-
missioner and two disinterested and competent persons, whose duty it
shall be to examine every detail of the business and condition of said
company, and report, in writing, the result of such examination to the
judge appointing them, who shall, if in his judgment the charges of
insolvency, fraud, neglect or abuse, as charged by the insurance com-
missioner, are sustained by the said report, at once issue an injunction
suspending the business of said company; and the insurance commis-
sioner shall institute, or cause to be instituted, the necessary proceed-
ings under the laws of this State, to close the affairs of any insurance
company of this State which shall appear to him, upon examination,
to be insolvent or be fraudulently conducted; and the insurance com-
missioner is a necessary party to any proceedings instituted for the
purpose of closing up the affairs of any insurance company, when the
same shall not be in the name of the State of Maryland; it shall be the
duty of the insurance commissioner to report in detail to the attorney-
general any violation of the laws relative to insurance companies, their
officers or agents, or the business of insurance; and he shall have power
to institute suits and prosecutions, either by the attorney-general or
such other attorney as the attorney-general may select, for any violation
of the provisions of this sub-title.
Eighth. For every company doing fire and inland insurance business
in this State he shall calculate the re-insurance reserve for unexpired
fire and inland risks by taking fifty per centum of the premium
received on all unexpired risks that have less than one year to run, and
a pro rata of all premiums received on risks that have one year or
longer to run, and in marine insurance he shall charge sixty per centum
of the amount of premiums written in its marine policies upon yearly
risks and risks covering more than one passage, not terminated, and the
full amount of premium under its policies upon all other marine risks
less than one year, not terminated; provided, that the foregoing require-
ments or re-insurance reserve when applied to companies organized
under the laws of foreign governments shall be calculated only upon
the business of such company in the United States, and only the assets
of such company held and invested in the United States shall be recog-
nized as constituting the reserve fund so required.
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