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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups
chartered and licensed in states other than this state and seeking to do business as a risk
retention group in this state shall comply with the laws of this state as follows: (1) NOTICE
OF OPERATIONS AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this
state, a risk retention group shall submit to the commissioner both of the following: 1. A
statement identifying the state or states in which the risk retention group is chartered and
licensed as a liability insurance company, charter date, its principal place of business,
and other information, including information on its membership, as the commissioner of this
state may require to verify that the risk retention group is qualified pursuant to subdivision
(11) of Section 27-31A-2. 2. A copy of its plan of operations or feasibility study
and revisions of the plan or study submitted to the state in which the risk retention...
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27-32-33
Section 27-32-33 Assessments - Levy. (a) Upon the basis of the report provided for in
Section 27-32-32, including any amendments thereto, the court may, of its own motion,
order the commissioner to levy one or more assessments against all members of such insurer
who, as shown by the records of the insurer, were members, if a mutual insurer, or subscribers,
if a reciprocal insurer, at any time within one year prior to the date of issuance of the
order to show cause under Section 27-32-4. (b) Such assessment or assessments shall
cover the excess of the probable liabilities over the reasonable value of the assets, together
with the estimated cost of collection and percentage of uncollectability thereof. The total
of all assessments against any member or subscriber with respect to any policy, whether levied
pursuant to this chapter or pursuant to any other provision of law, shall be for no greater
amount than that specified in the policy or policies of the member or subscriber; except,...
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27-6-15
Section 27-6-15 Release of deposit - Generally. (a) All deposits in this state made
under this title shall be held on deposit as long as there is outstanding any liability of
the insurer with respect to which the deposit was made. (b) Any such deposit shall be released
and returned: (1) To the insurer upon extinguishment by reinsurance in an insurer authorized
to transact such insurance in this state, or otherwise, of all liability of the insurer for
the security of which the deposit is held; (2) To the insurer during solvency, to the extent
such deposit is in excess of the amount required; or (3) Upon proper order of a court of competent
jurisdiction, to the receiver, conservator, rehabilitator, or liquidator of the insurer or
to any other properly designated official, or officials, who succeed to the management and
control of the insurer's assets. (c) The Treasurer shall release any such deposit, or part
thereof, upon written authorization of the commissioner and of the insurer or...
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27-17A-42
Section 27-17A-42 Trust contributions; trustee responsibilities; withdrawals; analysis
and certification by seller. (a) The obligation of the seller under a preneed contract shall
be to make contributions into the Cemetery Merchandise and Services Trust Fund in accordance
with the following formulae: (1) With respect to all cemetery merchandise, 110 percent of
wholesale cost. (2) With respect to outer burial containers, 60 percent of the purchase price
specified in the preneed contract. (3) With respect to cemetery services, 60 percent of the
purchase price specified in the preneed contract. (4) With respect to all cash advance items
sold, 100 percent of the purchase price specified for the same in the preneed contract. (5)
With respect to caskets, 75 percent of the purchase price. (b) All contributions shall be
made within 30 days after the end of the calendar month in which the preneed contract is paid
in full, unless, prior to that time, all liabilities of the seller under the...
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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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27-29-5
Section 27-29-5 Transactions of insurers with affiliates; adequacy of surplus; dividends
and other distributions. (a) Transactions within an insurance holding company system to which
an insurer subject to registration is a party shall be subject to all of the following standards:
(1) The terms shall be fair and reasonable. (2) Agreements for cost sharing services and management
shall include such provisions as required by rule and regulation issued by the commissioner.
(3) Charges or fees for services performed shall be reasonable. (4) Expenses incurred and
payment received shall be allocated to the insurer in conformity with customary insurance
accounting practices consistently applied. (5) The books, accounts, and records of each party
to all such transactions shall be so maintained as to clearly and accurately disclose the
nature and details of the transactions including such accounting information as is necessary
to support the reasonableness of the charges or fees to the...
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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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27-14-3
Section 27-14-3 Insurable interest - Personal insurance; preneed contracts. (a) Insurable
interest with reference to personal insurance is an interest based upon a reasonable expectation
of pecuniary advantage through the continued life, health, or bodily safety of another person
and consequent loss by reason of his or her death or disability or a substantial interest
engendered by love and affection in the case of individuals closely related by blood or by
law. (b) An individual has an unlimited insurable interest in his or her own life, health,
and bodily safety and may lawfully take out a policy of insurance on his or her own life,
health, or bodily safety and have the same made payable to whomsoever he or she pleases, regardless
of whether the beneficiary so designated has an insurable interest. (c) A corporation, foreign
or domestic, has an insurable interest in the life or physical or mental ability of any of
its directors, officers, or employees, or the directors, officers, or...
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27-15-8.1
Section 27-15-8.1 Life insurance policy provisions - Maximum rates of interest on policy
loans. (a) For purposes of this section the "published monthly average" means:
(1) The Monthly Average of the Composite Yield on Seasoned Corporate Bonds as published by
Moody's Investors Service, Inc., or any successor thereto; or (2) In the event that the Monthly
Average of the Composite Yield on Seasoned Corporate Bonds is no longer published, a substantially
similar average, established by regulation issued by the commissioner. (b)(1) Policies issued
on or after May 15, 1981, shall provide for policy loan interest rates as follows: a. A provision
permitting a maximum interest rate of not more than eight percent per annum; or b. A provision
permitting an adjustable maximum interest rate established from time to time by the life insurer
as permitted by law. (2) The rate of interest charged on a policy loan made under subdivision
(1) of this subsection shall not exceed the higher of the following:...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without
ornamentation or a fixed interior lining, which is designed for the encasement of human remains
and which is made of cardboard, pressed-wood, composition materials (with or without an outside
covering), or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting
occurring either at need or preneed between the seller and the purchaser during which funeral
or cemetery merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge
to the purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time
of death, or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized
to control the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed
chamber, which is usually constructed of reinforced concrete,...
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