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COMPILED CODE - Iowa Legislature - State of Iowa

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381<br />

Tit. XVIII, Ch. 8. MUTUAL ASSESSMENT ASSOCIATIONS. §§ 5696-a5-5696-a7.<br />

34 picture houses, stocks <strong>of</strong> implements or automobiles, shall maintain<br />

35 at all times net assets equal to forty per cent <strong>of</strong> one annual assess-<br />

36 ment at the basis rate charged for such insurance on all policies in<br />

37 force, and may provide in its by-laws and specify in its policies the<br />

38 maximum liability <strong>of</strong> its members to the association; such liability<br />

39 shall not be less than a sum equal to the basis rate charged by the<br />

40 association for insurance nor greater than a sum equal three times<br />

41 such basis rate.<br />

[C, '73, § 1160; C, '97, § 1765; S., '13, §§ 1759-h, 1759-1;<br />

37 G. A., ch. 412, § 2; 38 G. A., ch. 348, § 4; 39 G. A.,<br />

ch. 120, § 4.]<br />

SEC. 5696-a5. Annual report.<br />

1 Each association doing business under the provisions <strong>of</strong> this<br />

2 chapter shall, annually, in the month <strong>of</strong> January report to the com-<br />

3 missioner <strong>of</strong> insurance, upon blanks furnished by him, such facts as<br />

4 are required <strong>of</strong> domestic insurance companies organizing under chap-<br />

5 ter seven <strong>of</strong> title eighteen, as are applicable to this chapter. These<br />

6 reports shall be tabulated and published by the commissioner <strong>of</strong> insur-<br />

7 anee in the annual report <strong>of</strong> insurance, one copy <strong>of</strong> which shall be<br />

8 sent to each association. The county associations, the state associa-<br />

9 tions, and those doing an exclusive tornado, an exclusive hailstorm,<br />

10 or an exclusive automobile insurance business shall be separately<br />

11 classified in said report.<br />

[C, '73, § 1160; C, '97, §§ 1762, 1763; S., '13, §§ 1759-d,<br />

1759-e; 39 G. A., ch. 120, § 5.]<br />

SEC. 5696-a6. Pro<strong>of</strong> <strong>of</strong> loss—limitation <strong>of</strong> action.<br />

1 In furnishing pro<strong>of</strong>s <strong>of</strong> loss under any contract <strong>of</strong> insurance<br />

2 under this chapter for loss or damage it shall be necessary for the<br />

3 insured within sixty days from the time loss or damage occurs, to<br />

4 give notice in writing to the association issuing such contracts <strong>of</strong> in-<br />

5 surance accompanied by an affidavit stating the facts as to how the<br />

6 loss occurred so far as the same are within the knowledge <strong>of</strong> the in-<br />

7 sured, the property destroyed or damaged and the extent <strong>of</strong> the loss.<br />

8 In case <strong>of</strong> damage or loss to live stock by fire or lightning or loss or<br />

9 damage to automobiles by theft or fire, notice <strong>of</strong> such loss must be<br />

10 given the association by mailing written notice within five days from<br />

11 the time such loss or damage occurred, and in case <strong>of</strong> loss to growing<br />

12 crops by hail, notice <strong>of</strong> such loss must be given the association by<br />

13 mailing a registered letter within ten days from the time such loss<br />

14 or damage occurred. No action on any loss shall be begun until the<br />

15 date when such loss becomes due in accordance with the articles <strong>of</strong><br />

16 incorporation or by-laws <strong>of</strong> such association and in no event sooner<br />

17 than forty days after such pro<strong>of</strong> has been given to the association and<br />

18 no action can be started after one year from the date such cause <strong>of</strong><br />

19 action accrues.<br />

[39 G. A., ch. 120, § 6.]<br />

SEC. 5696-a7. Presumption as to insurable value—rebuttal.<br />

1 In any action brought in any court in this state on any policy <strong>of</strong><br />

2 insurance for the loss <strong>of</strong> any building so insured, the amount stated<br />

3 in the policy shall be received as prima facie evidence <strong>of</strong> the insurable

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