Code of Alabama

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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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27-7-1
Section 27-7-1 Definitions. For the purposes of this chapter, the following terms shall
have the meanings respectively ascribed to them by this section: (1) BUSINESS ENTITY.
A corporation, association, partnership, limited liability company, limited liability partnership,
or other legal entity. (2) COMMISSIONER. The Alabama Commissioner of Insurance. (3) HOME STATE.
The District of Columbia and any state or territory of the United States in which an insurance
producer maintains his or her principal place of residence or principal place of business
and is licensed to act as an insurance producer. (4) INSURANCE. As defined in Section
27-1-2. (5) INSURANCE PRODUCER or PRODUCER. A person required to be licensed under the laws
of this state to sell, solicit, or negotiate insurance. (6) INSURER. As defined in Section
27-1-2. For the purposes of this chapter, insurer shall also mean an insurance company licensed
pursuant to Chapter 3, commencing with Section 27-3-1 of this title; a health...
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27-10-25
Section 27-10-25 Acceptance and placement of surplus line business from agents or brokers.
A licensed surplus line broker may accept and place surplus line business for any insurance
producer licensed in this state for the kind and class of insurance involved and may compensate
the producer therefor. No producer shall knowingly misrepresent to the broker any material
fact involved in any insurance or in the eligibility thereof for placement with an unauthorized
insurer. (Acts 1963, No. 521, p. 1112, §12; Acts 1971, No. 407, p. 707, §200; Act 2001-702,
p. 1509, §15.)...
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27-10-29
Section 27-10-29 Records of surplus line brokers. (a) Each surplus line broker shall
keep in his office in this state a full and true record of each surplus line contract procured
by him, including a copy of the policy, certificate, cover note or other confirmation of insurance
and of the daily report, if any, and showing such of the following items as may be applicable:
(1) Amount of the insurance and risks insured against; (2) Gross premium charged; (3) Return
premium paid, if any; (4) Rate of premium charged upon the several items of property; (5)
Effective date of the contract and the terms thereof; (6) Name and address of the insurer;
(7) Name and address of the insured; (8) Brief general description of property insured and
where located; (9) Amount of tax and other sums collected from the insured; and (10) Other
information as may be required by the commissioner. (b) The record shall at all times be open
to examination by the commissioner and shall be kept available and open to...
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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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27-10-35
Section 27-10-35 Report of, and tax on, independently procured coverages; exceptions.
(a) Anyone who may desire to place his insurance in a foreign insurer not authorized to do
business in this state may place such insurance, and any insured who in this state procures,
or causes to be procured, or continues or renews insurance in an unauthorized foreign insurer
or any self-insurer who in this state so procures or continues excess loss, catastrophe, or
other insurance, upon a subject of insurance resident, located or to be performed within this
state, other than insurance procured through a surplus line broker pursuant to the surplus
lines law of this state or exempted from such law under Section 27-10-34 shall, within
90 days after the date such insurance was so procured, continued, or renewed, file a written
report of the same with the commissioner on forms designated by the commissioner and furnished
to such an insured upon request. The report shall show the name and address of the...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus
Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with
all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE
WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple
states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted
and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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27-2-21
Section 27-2-21 Examinations - Affairs, etc., of insurers and surplus line brokers.
(a) For the purpose of determining its financial condition, ability to fulfill its obligations
and compliance with the law, the commissioner shall examine the affairs, transactions, accounts,
records, and assets of each authorized insurer, and the records of surplus line brokers restricted
to those matters under Section 27-10-29, including the attorney-in-fact of a reciprocal
insurer insofar as insurer transactions are involved as often as the commissioner deems appropriate
but shall, at a minimum, conduct an examination of every insurer licensed in this state not
less frequently than once every five years. In scheduling and determining the nature, scope,
and frequency of the examinations, the commissioner shall consider such matters as the results
of financial statement analyses and ratios, changes in management or ownership, actuarial
opinions, reports of independent certified public accountants, and...
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8-6-3
Section 8-6-3 Registration and bonds of dealers, agents, investment advisers, etc. (a)
It is unlawful for any person to transact business in this state as a dealer or agent for
securities unless he or she is registered under this article. It is unlawful for any dealer
or issuer to employ an agent unless the agent is registered. (b) It is unlawful for any person
to transact business in this state as an investment adviser or as an investment adviser representative
unless: (1) He or she is so registered under this article; (2) His or her only clients in
this state are investment companies as defined in the Investment Company Act of 1940, other
investment advisers, broker-dealers, banks, trust companies, savings and loan associations,
insurance companies, employee benefit plans with assets of not less than $1,000,000, and governmental
agencies or instrumentalities, whether acting for themselves or as trustees with investment
control, or other institutional investors as are designated by...
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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ACCOUNT. Any one of the three accounts created by Section 27-42-6. (2) AFFILIATE. A
person who directly, or indirectly, through one or more intermediaries, controls, is controlled
by, or is under common control with another person on December 31 of the year immediately
preceding the date the insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama
Insurance Guaranty Association created under Section 27-42-6. (4) CLAIMANT. Any insured
making a first party claim or any person instituting a liability claim. The term does not
include a person who is an affiliate of an insolvent insurer. (5) COMMISSIONER. The Commissioner
of Insurance of the State of Alabama. (6) CONTROL. The possession, direct or indirect, of
the power to direct or cause the direction of the management and policies of a person, whether...

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