Code of Alabama

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27-12-17
Section 27-12-17 Collection of premiums or charges when insurance not provided; excess premium
or charge. (a) No person shall willfully collect any sum as premium or charge for insurance
which insurance is not then provided or is not in due course to be provided, subject to acceptance
of the risk by the insurer, by an insurance policy issued by an insurer as permitted by this
title. (b) No person shall willfully collect as premium or charge for insurance any sum in
excess of the premium or charge applicable to the insurance and as specified in the policy
in accordance with the applicable classifications and rates as filed with, and approved by,
the commissioner or, in cases where classifications, premiums, or rates are not required by
this title to be so filed and approved, the premiums and charges shall not be in excess of
those specified in the policy and as fixed by the insurer. This section shall not be deemed
to prohibit the charging and collection by surplus line brokers licensed...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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27-15-78
Section 27-15-78 Calculations of adjusted premiums by the nonforfeiture net level premium method.
(a) This section shall apply to all policies issued on or after the operative date of this
section as defined herein. Except as provided in subsection (g), the adjusted premiums for
any policy shall be calculated on an annual basis and shall be such uniform percentage of
the respective premiums specified in the policy for each policy year, excluding extra premiums
on a substandard policy and also excluding any uniform annual contract charge or policy fee
specified in the policy in a statement of the method to be used in calculating the cash surrender
values and paid-up nonforfeiture benefits, that the present value, at the date of issue of
the policy, of all adjusted premiums shall be equal to the sum of: (1) The then present value
of the future guaranteed benefits provided for by the policy. (2) One percent of either the
amount of insurance, if the insurance be uniform in amount, or the...
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27-12-14
to any tax payable on account of such insurance, nor relieve any insured named in the policy
nor any employee of such insured who knowingly receives or accepts any rebate, discount, abatement,
credit, or reduction of the premium in violation of subsection (b) of this section, of any
penalty otherwise applicable under this title on account of any such violation. (e) No person
in this state shall advertise, offer, or provide free insurance as an inducement to the purchase
or sale of real or personal property or of services, directly or indirectly, connected
with such real or personal property. (1) For the purposes of this subsection, "free
insurance" is insurance for which no identifiable and additional charge is made to the
purchase of such real property or personal property or services or insurance for which
an identifiable or additional charge is made in an amount less than the cost of such insurance
as to the seller or other person, other than the insurer providing the same. (2)...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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25-5-335
require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding
the foregoing, if an employee voluntarily entered the program, follow-up testing shall not
be required. If follow-up testing is conducted, the frequency of the testing shall be at least
once a year for a two-year period after completion of the program and advance notice of the
testing date shall not be given to the employee. (5) If the employee has caused or contributed
to an on-the-job injury which resulted in a loss of work time, the employer shall require
the employee to submit to a substance abuse test. (b) Nothing in this article shall prohibit
a private employer from conducting random testing or other lawful testing of employees. (c)
All specimen collection and testing under this article shall be performed in accordance with
the following procedures: (1) A specimen shall be collected with due regard to the privacy
of the individual providing the specimen, and in a manner...
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27-13-20
in determining or ascertaining a rate. (5) RATING ORGANIZATION. Every person or persons, corporation,
partnership, company, society, bureau or association, whether located within or outside this
state, engaged in the business of rate-making for two or more insurers. (6) INSURER. Any person
or persons, corporation, association, partnership, reciprocal exchange, or company authorized
by the laws of this state to transact the business of insurance in this state. (7) RISK. Any
property, real or personal, described in any policy, exposed to any hazard or peril
named in such policy. (8) UNREASONABLY HIGH RATES. No rate shall be held to be unreasonably
high unless: a. Such rate is unreasonably high for the insurance provided; and b. A reasonable
degree of competition does not exist in the area with respect to the classification to which
such rate is applicable. (9) INADEQUATE RATE. No rate shall be held to be inadequate which
upon reasonable assumptions of prospective loss and expense...
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27-13-60
Section 27-13-60 Definitions. For the purposes of this article, unless otherwise stated, the
following terms shall have the meanings respectively ascribed to them by this section: (1)
RATE. The unit charge by which the measure of exposure or the amount of insurance specified
in a policy of insurance or covered thereunder is multiplied to determine the premium. (2)
PREMIUM. The consideration paid or to be paid to an insurer for the issuance and delivery
of any binder or policy of insurance. (3) RATE-MAKING. The examination and analysis of every
factor and influence related to and bearing upon the hazard and risk made the subject of insurance;
the collection and collation of such factors and influences into rating plans; systems; and
the application of such rating systems to individual risks. (4) RATING PLAN. Every schedule,
class, classification, rule, guide, standard, manual, table, rating plan, policy, policy form,
or compilation by whatever name described, containing the rates used...
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5-19-20
is required by the creditor, is not furnished by the debtor, and is purchased by the creditor,
then upon renewal, refinancing, or payment of the debt before the final maturity date, the
creditor shall refund or credit the debtor with that portion of the premium refunded by the
insurance carrier upon the termination of the insurance. (g) A creditor may not contract for
or receive a separate charge for insurance against loss of or damage to property or against
liability for property damage or personal injuries unless the original amount financed
exclusive of the charges for insurance is three hundred dollars ($300) or more and the value
of the property is three hundred dollars ($300) or more. (h) In no event shall the creditor
have any responsibility or liability for the failure to purchase any insurance permitted by
this section unless the creditor has affirmatively undertaken in writing to purchase the insurance.
(i) A creditor may offer and finance any other insurance in connection...
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27-15-75
Section 27-15-75 Calculation of adjusted premiums. (a)(1) This section shall not apply to policies
issued on or after the operative date of Section 27-15-78, as defined therein. Except as provided
in subsection (c), the adjusted premiums for any policy shall be calculated on an annual basis
and shall be such uniform percentage of the respective premiums specified in the policy for
each policy year, excluding extra premiums on a substandard policy, that the present value
at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum
of: a. The then present value of the future guaranteed benefits provided for by the policy.
b. Two percent of the amount of the insurance if the insurance be uniform in amount, or of
the equivalent uniform amount, as defined in this article, if the amount of insurance varies
with the duration of the policy. c. Forty percent of the adjusted premium for the first policy
year. d. Twenty-five percent of either the adjusted premium...
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