§ 26-28-130 — Order and levy of assessment

(a) Upon the filing and reading of the report and petition
provided for in W.S. 26-28-129, the court, ex parte, may order
the commissioner to assess all the insurer's members or
subscribers who are subject to assessment, in an aggregate
amount as the court finds reasonably necessary to pay all valid
claims as may be timely filed and proved in the delinquency
proceedings, together with the costs and expenses of levying and
collecting assessments and the costs and expenses of the
delinquency proceedings in full. The order shall require that
each member or subscriber be assessed for his proportion of the
aggregate assessment, according to a reasonable classification
of the members or subscribers and formula as the commissioner
determines and the court approves.
(b) The court may order additional assessments upon the
filings and reading of any amendment or supplement to the report
and petition referred to in subsection (a) of this section, if
the amendment or supplement is filed within three (3) years
after the date of entry of the rehabilitation or liquidation
order.
(c) The commissioner shall levy and assess members or
subscribers in accordance with any order entered under this
section.
(d) The total of all assessments against any member or
subscriber with respect to any policy shall be for no greater
amount than that specified in the member's or subscriber's
policy and as limited under this code, except as to any policy
which was issued at a rate of premium below the minimum rate
lawfully permitted for the risk insured, in which case the
assessment against any such policyholder shall be upon the basis
of the minimum rate for that risk.
(e) No assessment shall be levied against any member or
subscriber with respect to any nonassessable policy issued in
accordance with this code.