§ 7-16-3.3. Insurance or financial responsibility of limited liability company.
(a) A limited liability company that is to perform professional services, as defined in
§ 7-5.1-2, shall carry, if reasonably available, liability insurance of a kind that is designed
to cover the kinds of negligence, wrongful acts or misconduct for which liability
is limited by § 7-16-3.2. The insurance shall be in the aggregate amount of fifty thousand dollars ($50,000)
multiplied by the number of professional employees of the limited liability company
as of the policy anniversary date; provided, however, that in no case shall the coverage
be less than one hundred thousand dollars ($100,000) but in no event shall the necessary
coverage exceed a maximum of five hundred thousand dollars ($500,000); provided further,
however, that any policy for insurance coverage may include a deductible provision
in any amount not to exceed twenty-five thousand dollars ($25,000) for each claim
multiplied by the number of professional employees of the limited liability company
as of the date of the issuance of the policy. The policy or policies of insurance
may be subject to any terms, conditions, exclusions and endorsements that are typically
contained in policies of this type.
(b) If, in any proceeding, compliance by a limited liability company with the requirements
of subsection (a) of this section is disputed:
(1) That issue shall be determined by the court; and
(2) The burden of proof of compliance shall be on the person who claims the limitation
of liability in § 7-16-3.2.
(c) If a limited liability company is in compliance with the requirements of subsection
(a) of this section, the requirements of this section shall not be admissible or in
any way be made known to a jury in determining an issue of liability for or extent
of the debt or obligation or damages in question.
(d) Insurance is reasonably available for the purpose of subsection (a) of this section
if, at the time that the coverage would apply to the negligence, wrongful acts or
misconduct in question, it was reasonably available to similar types of limited liability
companies through the admitted or eligible surplus lines market.
(e) A limited liability company is considered to be in compliance with subsection (a)
of this section if the limited liability company provides five hundred thousand dollars
($500,000) of funds specifically designated and segregated for the satisfaction of
judgments against the limited liability company based on the forms of negligence,
wrongful acts and misconduct for which liability is limited by § 7-16-3.2 by:
(1) Deposit in trust or in bank escrow of cash, bank certificate of deposit or United
States Treasury obligations; or
(2) A bank letter of credit or insurance company bonds.
(f) To the extent that a limited liability company maintains liability insurance or segregated
funds pursuant to the laws or regulations of another jurisdiction, the liability insurance
or segregated funds shall be deemed to satisfy this section if the amount of them
is equal to or greater than the amount specified in subsection (a) or subsection (e)
of this section.