Code of Alabama

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27-54A-2
Section 27-54A-2 Treatment under certain policies and contracts. (a) As used in this section,
the following words have the following meanings: (1) APPLIED BEHAVIOR ANALYSIS. The design,
implementation, and evaluation of environmental modifications, using behavioral stimuli and
consequences, to produce socially significant improvement in human behavior, including the
use of direct observation, measurement, and functional analysis of the relationship between
environment and behavior. (2) AUTISM SPECTRUM DISORDER. Any of the pervasive developmental
disorders or autism spectrum disorders as defined by the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders (DSM) or the edition that was in effect at the
time of diagnosis. (3) BEHAVIORAL HEALTH TREATMENT. Counseling and treatment programs, including
applied behavior analysis that are both of the following: a. Necessary to develop, maintain,
or restore, to the maximum extent practicable, the functioning of an...
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27-55-3
Section 27-55-3 Prohibited practices; disclosure of information. (a) No insurer may: (1) Deny,
refuse to issue, renew, or reissue, cancel, or otherwise terminate, restrict, or exclude coverage
on an insurance policy or health benefit plan on the basis of an applicant's or insured's
abuse status, or on the basis of any association, relationship, or assistance to a subject
of abuse. (2) Exclude or limit coverage for a loss, deny benefits, or deny a claim on the
basis of the insured's abuse status, or on the basis of any association, relationship, or
assistance to a subject of abuse, except as otherwise permitted or required by the laws of
this state relating to acts of abuse committed by a life insurance beneficiary. Notwithstanding
anything to the contrary in this section, a liability insurer may include policy provisions
providing that a payment required by this subsection may be denied or, if paid, recovered
by the insurer from the insured, if the claim arose out of an act of abuse by...
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39-1-4
Section 39-1-4 selection of surety company, etc.; approval of bonds, etc. (a) No officer or
employee of an awarding authority and no person acting or purporting to act on behalf of such
officer or employee of an awarding authority, except a public agency or authority created
pursuant to agreement or compact with another state, shall, with respect to any public works
contract, require the bidder to obtain or procure any surety bond or contract of insurance
specified in connection with such contract or specified by any law, ordinance, or regulation
from a particular surety company, insurance company, bonding company, agent, or broker. No
officer, employee, person, firm, or corporation acting or purporting to act on behalf of any
officer or employee of an awarding authority shall negotiate, make application, obtain, or
procure any surety bond or contract of insurance, except contracts of insurance for builder's
risk or owner's protective liability, which shall be obtained or procured by...
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27-15-28.2
Section 27-15-28.2 Standard nonforfeiture law for individual deferred annuities - Annuity contracts
issued after June 30, 2006, or by election under this section until June 30, 2006. (a) This
section shall be known as the standard nonforfeiture law for individual deferred annuities.
(b) This section shall not apply to any reinsurance group annuity purchased under a retirement
plan or plan of deferred compensation established or maintained by an employer (including
a partnership or sole proprietorship) or by an employee organization, or by both, other than
a plan providing individual retirement accounts or individual retirement annuities under Section
408 of the Internal Revenue Code, as now or hereafter amended, premium deposit fund, variable
annuity, investment annuity, immediate annuity, any deferred annuity contract after annuity
payments have commenced or reversionary annuity, nor to any contract which shall be delivered
outside this state through an agent or other representative...
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27-15-29
Section 27-15-29 Prohibited policy plans. (a) No insurer shall hereafter deliver or issue for
delivery in this state any policy or contract providing for the establishment of its policyholders
or members into divisions and classes and for payment of benefits from special funds created
for such purpose to the oldest member of the division and class or to the member of the division
and class whose policy has been in force the longest period of time upon the death of a member
in such division and class, or under any other similar plan; except, that any insurer heretofore
operating on such a plan in this state, whether by conversion from a fraternal benefit society
or otherwise, may continue to do so upon the condition that the insurer shall not hereafter
establish its policyholders or members into any new divisions, classes or groupings of any
kind, other than those heretofore established and containing subsisting policies heretofore
issued, and that the insurer, if a stock insurer, shall...
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27-17A-43
Section 27-17A-43 Cancellation of contract; withdrawal from trust fund. (a) Upon cancellation
of a preneed contract by mutual agreement between the seller and purchaser, or upon unilateral
cancellation of a preneed contract by the seller by reason of default on the part of the purchaser,
or other valid cancellation by reason of transfers to another seller or otherwise, the seller
may, upon submission of a certification under oath by a responsible officer of the seller
to the trustee, withdraw from the Cemetery Merchandise and Services Trust Fund and retain
an amount equal to the amount of all funds contributed to the trust fund with respect to the
preneed contract. Any trustee accepting preneed contract proceeds under this article may rely
on the seller's certification under oath as required herein to be made, and shall not be liable
to anyone for such reliance. (b) At such time as the seller undertakes to perform its obligations
under a preneed contract by delivery or installation, or...
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27-19-105
Section 27-19-105 Regulations for long-term care policies; outline of coverage, policy summary,
and monthly report. (a) The commissioner may adopt regulations that include standards for
full and fair disclosure setting forth the manner, content, and required disclosures for the
sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions
of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting
conditions, termination of insurance, continuation or conversion, probationary periods, limitations,
exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions,
and definitions of terms. Regulations under this subsection should recognize the developing
and unique nature of long-term care insurance and the distinction between group and individual
long-term insurance policies. (b) No long-term care insurance policy may do any of the following:
(1) Be cancelled, nonrenewed, or otherwise...
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27-32-39
Section 27-32-39 Priority of claims of policyholders and beneficiaries - Reinsuring of policies.
(a) When, upon hearing, the circuit court having jurisdiction of a receivership shall determine
it to be in the best interest of the policyholders and the public, the court may order and
direct the receiver to reinsure the policies of the insurer with a solvent insurer to the
extent of the assets available in the receivership. The circuit court is hereby empowered
to place a lien or moratorium against policy benefits and values as necessary to reinsure
all policyholders as fully as possible to the extent of assets available and to order the
receiver to transfer such assets as determined adequate, necessary, or available to reinsure
policies of the insolvent insurer with a solvent insurer, to the exclusion of general creditors
should no assets remain thereafter. (b) Except as provided in subsection (c), reinsurance
shall be payable under a contract reinsured by the assuming insurer on the...
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27-34-46
Section 27-34-46 Discrimination, inducements, and rebates. (a) No society doing business in
this state shall make or permit any unfair discrimination between insured members of the same
class and equal expectation of life in the premiums charged for certificates of insurance
in the dividends or other benefits payable thereon or in any other of the terms and conditions
of the contracts it makes. (b) No society, by itself, or any other party and no agent or solicitor,
personally or by any other party shall offer, promise, allow, give, set off, or pay, directly
or indirectly, any valuable consideration or inducement to or for insurance on any risk authorized
to be taken by such society which is not specified in the certificate. No member shall receive
or accept, directly or indirectly, any rebate of premium, or part thereof, or agent's or solicitor's
commission thereon payable on any certificate or receive or accept any favor or advantage
or share in the dividends or other benefits to...
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27-6A-4
Section 27-6A-4 Contract requirements. No person, firm, association, or corporation acting
in the capacity of a managing general agent shall place business with an insurer unless there
is in force a written contract between the parties that sets forth the responsibilities of
each party and where both parties share responsibility for a particular function, specifies
the division of such responsibilities, and that contains the following minimum provisions:
(a) The insurer may terminate the contract for cause upon written notice to the managing general
agent. The insurer may suspend the underwriting authority of the managing general agent during
the pendency of any dispute regarding the cause for termination. (b) The managing general
agent shall render accounts to the insurer detailing all transactions and remit all funds
due under the contract to the insurer on not less than a monthly basis. (c) All funds collected
for the account of an insurer will be held by the managing general agent...
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