Code of Alabama

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27-10-32
Section 27-10-32 Revocation or suspension of surplus line broker's license. (a) The commissioner
may revoke or suspend any surplus line broker's license for any one or more of the following:
(1) If the broker fails to file an annual statement or to remit the tax as required by law.
(2) If the broker fails to keep the records or to allow the commissioner to examine the broker's
records as required by law. (3) For any of the causes for which a producer's license may be
revoked. (b) The commissioner may suspend or revoke the broker's license if the commissioner
finds that the broker has, willfully or without exercise of due care, placed any insurance
coverage with an unauthorized insurer in violation of any of the requirements or conditions
of Section 27-10-20. (c) The procedures and rights provided by Section 27-7-19 as for the
suspension or revocation of producers' licenses shall be applicable to suspension or revocation
of a surplus line broker's license. (d) No broker whose license...
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27-3-8
Section 27-3-8 Authority to transact insurance - Kind or combinations of kinds - Special surplus.
(a) In addition to the minimum paid-in capital stock (stock insurers) or minimum surplus (mutual
and reciprocal insurers) required by Section 27-3-7, special surplus shall be possessed by
insurers hereafter applying for original certificates of authority in this state as follows:
(1) All stock insurers and foreign mutual and foreign reciprocal insurers which have actively
transacted insurance in their states or countries of domicile as an authorized insurer for
less than five years and which do not meet the requirements of paragraphs (2) a or (2) b of
Section 27-3-4, when first authorized to transact insurance in this state shall have a surplus
or additional surplus equal to 150 percent of the paid-up capital stock, if a stock insurer,
or surplus, if a foreign mutual or foreign reciprocal insurer, otherwise required under Section
27-3-7 for the kinds of insurance to be transacted; and (2)...
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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, ยง15;...
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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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27-31B-6
Section 27-31B-6 Minimum capital and surplus. (a) No captive insurance company shall be issued
a license unless it shall possess and thereafter maintain unimpaired paid-in capital and surplus
as follows: (1) In the case of a pure captive insurance company, not less than two hundred
fifty thousand dollars ($250,000) or such other amount determined by the commissioner and
actuarially supported by a feasibility study. (2) In the case of an association captive insurance
company or risk retention group, not less than five hundred thousand dollars ($500,000) or
such other amount determined by the commissioner and actuarially supported by a feasibility
study. (3) In the case of an industrial insured captive insurance company, not less than five
hundred thousand dollars ($500,000). (4) In the case of a protected cell captive insurance
company, not less than two hundred fifty thousand dollars ($250,000) or such other amount
determined by the commissioner and actuarially supported by a...
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27-3-4
Section 27-3-4 Authority to transact insurance - Eligibility. To qualify for and hold authority
to transact insurance in this state, an insurer must be otherwise in compliance with this
title and with its charter powers and must be an incorporated stock insurer or an incorporated
mutual insurer or a reciprocal insurer, all of the same general type as may be formed as a
domestic insurer under this title; except that: (1) No foreign insurer shall be authorized
to transact insurance in this state which does not maintain reserves as required by Chapter
36 of this title applicable to the kind, or kinds, of insurance transacted by such insurer,
wherever transacted in the United States, or which transacts insurance in the United States
on the assessment premium plan, stipulated premium plan, cooperative plan, or any similar
plan; (2) Any foreign insurer which has transacted insurance as an authorized insurer in its
state or country of domicile for less than five years shall not be authorized...
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27-31-6
Section 27-31-6 Surplus funds of domestic insurer. (a) A domestic reciprocal insurer formed
under this chapter, if it has otherwise complied with the applicable provisions of this title,
may be authorized to transact insurance if it has, and thereafter maintains, surplus funds
as follows: (1) To transact property insurance, surplus funds of not less than $200,000.00;
and (2) To transact casualty insurance, surplus funds of not less than $300,000.00. (b) In
addition to surplus required to be maintained under subsection (a) of this section, the insurer
shall have, when first so authorized, expendable surplus in amount as required of a like foreign
reciprocal insurer under Section 27-3-8. (c) A domestic reciprocal insurer may be authorized
to transact additional kinds of insurance if it has otherwise complied with the provisions
of this title therefor and possesses and so maintains surplus funds in amount equal to the
minimum capital stock required of a stock insurer for authority to...
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27-31A-12
Section 27-31A-12 Duty of producers to obtain license. (a) Risk retention groups. Persons representing
or aiding a risk retention group in the solicitation or negotiation of liability insurance
in this state and the risk retention group with respect thereto shall be subject to Chapters
7 and 8A of this title. (b) Purchasing groups. (1) No person, firm, association, or corporation
shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance
in this state for a purchasing group from an authorized insurer or a risk retention group
chartered in a state unless the person, firm, association, or corporation is licensed as an
insurance producer in accordance with Chapter 7, commencing with Section 27-7-1, of this title.
(2) No person, firm, association, or corporation shall act or aid in any manner in soliciting,
negotiating, or procuring liability insurance coverage in this state for any member of a purchasing
group under a purchasing group's policy unless that...
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27-11-2
Section 27-11-2 Prohibition against transaction of insurance business, etc., in state without
license; exceptions. It shall be unlawful for any insurer to transact the business of insurance
in this state or to enter into a contract for insurance in this state without first obtaining
a license or certificate of authority from the commissioner. This unauthorized insurers law
shall not apply to: (1) Contracts of insurance procured pursuant to the surplus line insurance
law; (2) Transactions in this state involving contracts of insurance lawfully entered into,
written and the policy delivered outside of this state covering subjects of insurance not
resident, located or expressly to be performed in this state at the time of issuance and transactions
subsequent to the making of such contract and the issuance of such policy; (3) Reinsurance
contracts; (4) Transactions in this state involving group or blanket insurance and group annuities
where the master policy or contract was lawfully issued...
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27-2-20
Section 27-2-20 Examinations - Power generally. (a) If he has reason to believe that any such
person has violated or is violating any provision of this title or upon complaint by any resident
of this state indicating that any such violation may exist, the commissioner may examine the
accounts, records, documents, and transactions pertaining to or affecting the insurance affairs
of any: (1) General agent, agent, broker, surplus line broker, solicitor, or adjuster; (2)
Person having a contract or power of attorney under which he enjoys in fact the exclusive
or dominant right to manage or control an insurer; or (3) Person engaged in or proposing to
be engaged in or assisting in the promotion or formation of a domestic insurer, insurance
holding corporation, or corporation to finance a domestic insurer or the production of its
business. (b) The commissioner may examine the insurance affairs and transactions of the attorney-in-fact
of a reciprocal insurer in the same manner and on the same...
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