Code of Alabama

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27-13-22
Section 27-13-22 Applicability of article - Inland marine insurance. The provisions of this
section shall apply to all insurance which is now or hereafter defined by statute, by ruling
of the commissioner or by lawful custom as inland marine insurance, but this article shall
not apply to insurance of vessels or craft, their cargoes, marine builder's risks, marine
protection and indemnity, or other risks commonly insured under marine insurance policies:
(1) As to all classes of inland marine insurance for which class rates or rating plans are
customarily fixed by rating organizations or associations of underwriters, rates or rating
plans shall be filed by all authorized insurers writing such classes, with the department
in such manner and form as it shall direct, and also special rates fixed by any such rating
organization or association shall be similarly filed. All such rates shall be reasonable,
adequate and not unfairly discriminatory. Due consideration shall be given to past...
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27-2B-4
Section 27-2B-4 Company action level event; preparation and submission of RBC plan or revised
RBC plan; notification of unsatisfactory filing; copies of plans. (a) Company action level
event means any of the following events: (1) The filing of an RBC report by an insurer which
indicates any of the following: a. The insurer's total adjusted capital is greater than or
equal to its regulatory action level RBC, but less than its company action level RBC. b. If
a life or health insurer or fraternal benefit society, the insurer has total adjusted capital
which is greater than or equal to its company action level RBC but less than the product of
its authorized control level RBC and 3.0 and has a negative trend. c. If a property and casualty
insurer or a health organization, the insurer has total adjusted capital which is greater
than or equal to its company action level RBC, but less than the product of its authorized
control level RBC and 3.0, and triggers the trend test determined in...
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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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34-30-5
Section 34-30-5 Disciplinary proceedings - Procedure. The following procedure will apply to
revocation and suspension hearings and to judicial review of these hearings: (1) Hearings
are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended
decisions to be by majority vote of the panel. (2) Reasonable notice (20 days' minimum) of
charges to be served personally or by registered mail. (3) Stenographic record of proceedings.
(4) A person licensed under this chapter whose license is subject to suspension or revocation
is entitled to: a. The presence of counsel at the hearing at his expense; b. The right to
cross-examination of witnesses; c. The right to call witnesses on his or her own behalf; and
d. The right to subpoena witnesses and documents. (5) Any person affected by the action of
the board in refusing his or her application or suspending or revoking his or her license,
or any other action of the board, may appeal the action of the board by...
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27-7-7
Section 27-7-7 Licenses - Application - Generally; fees. Repealed by Act 2001-702, p. 1509,
§ 6, effective January 1, 2002. (a) The commissioner shall not issue any license except upon
application therefor as in this chapter provided. Each applicant for a license shall file
annually with the commissioner his written application therefor signed by him and showing:
(1) His name, age and place of residence; (2) The kinds of insurance to be transacted under
the license and the insurer or insurers he proposes so to represent; (3) The person, firm
or corporation by whom he expects to be employed or associated with as such licensee and his
status as an officer or representative thereof; (4) Whether he proposes to write or solicit
insurance of his own risks and interest, or those of his relatives, any firm or corporation
in which he is financially interested or connected, directly or indirectly, or of his employer;
(5) A short business history of the applicant and the name and nature of any...
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32-7-34
Section 32-7-34 Self-insurers. (a) Any person in whose name more than 25 motor vehicles are
registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued
by the director as provided in subsection (b) of this section. (b) The director may, in his
or her discretion, upon the application of such a person, issue a certificate of self-insurance
when he or she is satisfied that such person is possessed and will continue to be possessed
of ability to pay judgments obtained against such person. (c) Upon not less than five days'
notice and a hearing pursuant to such notice, the director may upon reasonable grounds cancel
a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment
shall have become final shall constitute a reasonable ground for the cancellation of a certificate
of self-insurance. (Acts 1951, No. 704, p. 1224, §34.)...
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27-23-21
Section 27-23-21 Reasons for cancellation. (a) No notice of cancellation of a policy of automobile
liability insurance shall be effective unless it is based on one or more of the following
reasons: (1) Nonpayment of premium; (2) The policy was obtained through a material misrepresentation;
(3) Any insured violated any of the terms and conditions of the policy; (4) The named insured
failed to disclose fully his motor vehicle accidents and moving traffic violations for the
preceding 36 months if called for in the application; (5) The named insured failed to disclose
in his written application or in response to inquiry by his broker, or by the insurer or its
agent information necessary for the acceptance or proper rating of the risk; (6) Any insured
made a false or fraudulent claim or knowingly aided or abetted another in the presentation
of such a claim; (7) Failure to maintain membership in any group or organization when such
membership is a prerequisite to the purchase of such...
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27-27-7
Section 27-27-7 Solicitation permit - Issuance; contents; compliance with terms. (a) Upon the
filing of any bond required by Sections 27-27-10 or 27-27-16, after notice by the commissioner
provided for in subsection (a) of Section 27-27-6, or upon his decision to grant a solicitation
permit if such a bond is not so required, the commissioner shall issue to the applicant or
to the newly formed corporation, if the application is on behalf of a newly formed incorporated
domestic insurer, a solicitation permit. Every solicitation permit issued by the commissioner
shall contain provisions in substance as follows: (1) State the securities or other rights
or interests for which subscriptions are to be solicited, the number, classes, par value,
and selling price thereof, or identify the insurance contract, or contracts, for which applications
and advance premiums or deposits of premium are to be solicited in the case of mutual or reciprocal
insurers; (2) Require that any particular class of...
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27-40-4
Section 27-40-4 Licenses - Investigation and qualifications of applicant; issuance. (a) Upon
the filing of an application and the payment of the license fee the commissioner shall make
an investigation of each applicant and shall issue a license if the applicant is qualified
in accordance with this section. If the commissioner does not so find, he shall, within 30
days after he has received such application, at the request of the applicant, give the applicant
a full hearing. (b) The commissioner shall issue or renew a license as may be applied for
when he is satisfied that the person to be licensed: (1) Is competent and trustworthy and
intends to act in good faith in the capacity involved by the license applied for; (2) Has
a good business reputation and has had experience, training, or education, so as to be qualified
in the business for which the license is applied for; and (3) If a corporation, is a corporation
incorporated under the laws of this state or a foreign corporation...
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27-42-9
Section 27-42-9 Plan of operation. (a) The association shall submit to the commissioner a plan
of operation and any amendments thereto necessary or suitable to assure the fair, reasonable,
and equitable administration of the association. The plan of operation and any amendments
thereto shall become effective upon approval in writing by the commissioner. If the association
fails to submit a suitable plan of operation within 90 days following January 1, 1981, or
if at any time thereafter the association fails to submit suitable amendments to the plan,
the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules
as are necessary or advisable to effectuate the provisions of this chapter. Such rules shall
continue in force until modified by the commissioner or superseded by a plan submitted by
the association and approved by the commissioner. (b) All member insurers shall comply with
the plan of operation. (c) The plan of operation shall: (1) Establish...
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