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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?