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2004 Arizona Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagaz0028 and id is 1 raw text is: STATE OF ARIZONA

OFFICE OF THE ATTORNEY GENERAL
ATTORNEY GENERAL OPINION                            No. 104-001
(R03-020)
by
Re: Joint Underwriting Association
TERRY GODDARD
ATTORNEY GENERAL
May 3, 2004
TO:   Christina Urias, Director
Department of Insurance
Ouestions Presented
Your predecessor asked the following questions regarding the Joint Underwriting
Association:
1.    Does Article 1, Chapter 12, of Title 20 of Arizona Revised Statutes (A.R.S.) which
provides for the establishment and operation of a JUA, violate the prohibition in Article
XIV, Section 2 of the Arizona Constitution, against creating corporations by special
legislation?
2.    Is a JUA subject to all public process laws applicable to the Arizona Department of
Insurance, including state procurement, public records, open meeting, personnel code, fiscal
controls, and governmental immunity provisions?
3.    May the Director of the Department of Insurance assess monies against only those
insurers writing liability insurance to fund the JUA or may the Director also assess all
insurers writing casualty insurance?
4.    If the JUA is unable to fulfill its financial obligations, does the JUA's debt constitute
an obligation of the State?

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