35-8A-313
Section 35-8A-313 Insurance. (a) Commencing not later than the time of the first conveyance
of a unit to a person other than a declarant, the association shall maintain, to the extent
reasonably available: (1) Property insurance on the common elements insuring against all risks
of direct physical loss commonly insured against or, in the case of a conversion building,
against fire and extended coverage perils. The total amount of insurance after application
of any deductibles shall be not less than the greater of 80 percent of the actual cash value
of the insured property at the time the insurance is purchased or such greater percentage
of such actual cash value as may be necessary to prevent the applicability of any co-insurance
provision and at each renewal date, exclusive of land, excavations, foundations, and other
items normally excluded from property policies; and (2) Liability insurance, including medical
payments insurance, in an amount determined by the board but not less than...
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27-10-23
Section 27-10-23 Validity and enforceability of surplus line contracts. Insurance contracts
procured as "surplus line" coverages from unauthorized insurers in accordance with
this article shall be fully valid and enforceable as to all parties and shall be given acceptance
and recognition in all matters and respects to the same effect and extent as like contracts
issued by authorized insurers. (Acts 1963, No. 521, p. 1112, §10; Acts 1971, No. 407, p.
707, §198.)...
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27-10-26
Section 27-10-26 Eligibility of insurers for placement of surplus line insurance. (a) A surplus
line broker shall not knowingly place surplus line insurance with an insurer that is unsound
financially, or that is ineligible under this section. The broker shall ascertain the financial
condition of the unauthorized insurer before placing insurance therewith. (b) The broker shall
not so insure with any of the following: (1) With any insurer which is not an authorized insurer
in at least one state of the United States for the kind of insurance involved, and with capital
or surplus, or both, amounting to at least five million dollars ($5,000,000); or guaranteed
trust fund amounting to at least five million dollars ($5,000,000). (2) With an alien insurer
not authorized to transact insurance in at least one state of the United States, unless the
insurer shall have established an effective trust fund of at least two million five hundred
thousand dollars ($2,500,000) within the United States...
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27-10-20
Section 27-10-20 Procuring of surplus lines from unauthorized insurers. If certain insurance
coverages cannot be procured on terms acceptable to the insureds from authorized insurers,
such coverages, designated "surplus lines," may be procured from unauthorized insurers
subject to the terms and conditions of either subdivisions (1) or (2) of this section: (1)a.
The insurance must be procured through a licensed surplus line broker; b. The full amount
of insurance required must not be procurable, after diligent effort has been made to do so,
from among the insurers authorized to transact and actually transacting that kind and class
of insurance in this state or has been procured to the full extent such insurers are willing
to insure; c. The insurance must not be procured for the purpose of securing advantages as
to a lower premium rate than would be accepted by an authorized insurer; and d. This section,
and this surplus line law, does not apply as to life insurance or disability...
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27-10-28
Section 27-10-28 Liability of insurer as to losses and unearned premiums. (a) As to a surplus
line risk which has been assumed by an unauthorized insurer pursuant to this surplus line
insurance law and if the premium thereon has been received by the surplus line broker who
placed such insurance, in all questions thereafter arising under the coverage as between the
insurer and the insured, the insurer shall be deemed to have received the premium due to it
for such coverage and the insurer shall be liable to the insured as to losses covered by such
insurance and for unearned premiums which may become payable to the insured upon cancellation
of such insurance, whether or not in fact the broker is indebted to the insurer with respect
to such insurance or for any other cause. (b) Each unauthorized insurer assuming a surplus
line direct risk under this surplus line insurance law shall be deemed thereby to have subjected
itself to the terms of this section. (Acts 1963, No. 521, p. 1112, §15;...
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27-22-43
Section 27-22-43 Outline of coverage and comprehensive policy checklist. (a) No homeowners
personal lines residential property coverage insurance policy shall be delivered or issued
for delivery in this state unless an appropriate outline of coverage and comprehensive policy
checklist have been delivered to the policyholder prior to issuance, within 30 days after
issuance of the policy under separate cover, or included in the policy when issued or mailed.
The comprehensive policy checklist shall contain a list of provisions and elements, whether
or not they are included in the policy being issued, in a format that allows the insurer to
indicate what is and what is not included in the policy being issued. The outline of coverage
and comprehensive checklist shall provide information on the policy and may, but is not required
to, include coverage by endorsement. (b) To be in compliance with this section, an insurer
may use an approved outline of coverage and comprehensive policy...
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27-10-21
Section 27-10-21 Report of surplus line broker. Within 30 days after the effective date of
any such insurance, the surplus line broker shall file a written report with the commissioner
setting forth facts from which it can be determined whether under Section 27-10-20 the coverage
has been lawfully placed as a surplus line. If so required by the commissioner, the report
shall be in the form of the broker's affidavit. If so required by the commissioner, the report
shall be accompanied by a written statement signed by the insured to the effect that the coverage
was placed in an unauthorized insurer with the insured's knowledge and consent. (Acts 1963,
No. 521, p. 1112, §8; Acts 1971, No. 407, p. 707, §196.)...
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27-10-55
Section 27-10-55 Exemptions. This Unauthorized Insurers Process Act shall not apply as to surplus
line insurance lawfully effectuated under this title nor to any action or proceeding against
an unauthorized insurer arising out of: (1) Wet marine and transportation insurance; (2) Insurance
on, or with respect to, subjects located, resident or to be performed wholly outside this
state or on, or with respect to, vehicles or aircraft owned and principally garaged outside
this state; (3) Insurance on property or operations of railroads engaged in interstate commerce;
or (4) Insurance on aircraft or cargo of such aircraft or against liability, other than employer's
liability, arising out of the ownership, maintenance, or use of such aircraft where the policy
or contract contains a provision designating the commissioner as its attorney for the acceptance
of service of lawful process in any action or proceeding instituted by, or on behalf of, an
insured or beneficiary arising out of any such...
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27-10-24
Section 27-10-24 Licensing of surplus line brokers. (a) Any person, while licensed as a resident
insurance producer in this state for the property lines of authority and who is deemed by
the commissioner to have had sufficient experience in the insurance business to be competent
for the purpose may be licensed as a surplus line broker for the types and kinds of insurance
that he or she as a resident producer is licensed to handle as follows: (1) Application to
the commissioner for the license shall be made on forms as designated and furnished by the
commissioner. (2) License fee in the amount stated in Section 27-4-2 shall be paid to the
commissioner. The license shall expire on December 31 next after its issue. (3) Prior to the
issuance of the license, the applicant shall file with the commissioner, and thereafter for
as long as any license remains in effect he or she shall keep in force and unimpaired, a bond
in favor of the State of Alabama in the penal sum of at least fifty...
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27-10-33
Section 27-10-33 Service of process in action or proceeding against insurer. (a) Any unauthorized
insurer issuing a policy or assuming a direct insurance risk under this surplus line law shall
be deemed thereby to have appointed the commissioner as its attorney upon whom may be served
all lawful process in any action or proceeding against it in this state arising out of such
insurance. (b) Service of process upon the commissioner as process agent of the insurer shall
be made by the proper officer of Montgomery County by serving copies in triplicate of the
process upon the commissioner or upon his assistant, deputy, or other person in charge of
his office. Upon receiving such service, the commissioner shall promptly forward a copy thereof
by certified mail or registered mail to the person last designated to receive the same, as
provided in subsection (c) of this section, return one copy with his admission of service,
and retain one copy in the files of the department. (c) Each such...
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