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27-32-15
Section 27-32-15 Conduct of delinquency proceedings - Domestic and alien insurers. (a) Whenever
under this chapter a receiver is to be appointed in delinquency proceedings for a domestic
or alien insurer, the court shall appoint the commissioner as such receiver. The court shall
order the commissioner forthwith to take possession of the assets of the insurer and to administer
the same under the orders of the court. (b) As a domiciliary receiver, the commissioner shall
be vested by operation of law with the title to all of the property, contracts, and rights
of action and all of the books and records of the insurer, wherever located, as of the date
of entry of the order directing him to rehabilitate or liquidate a domestic insurer or to
liquidate the United States branch of an alien insurer domiciled in this state, and he shall
have the right to recover the same and reduce the same to possession; except, that ancillary
receivers in reciprocal states shall have, as to assets located in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-15.htm - 3K - Match Info - Similar pages
27-32-16
Section 27-32-16 Conduct of delinquency proceedings - Foreign insurers. (a) Whenever under
this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer
not domiciled in this state, the court shall appoint the commissioner as ancillary receiver.
The commissioner shall file a petition requesting the appointment on the grounds set forth
in Section 27-32-10: (1) If he finds that there are sufficient assets of the insurer located
in this state to justify the appointment of an ancillary receiver; or (2) If 10 or more persons,
resident in this state, having claims against such insurer, file a petition with the commissioner
requesting the appointment of such ancillary receiver. (b) The domiciliary receiver, for the
purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation
of law with the title to all of the property, contracts, and rights of action and all of the
books and records of the insurer located in this state, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-16.htm - 2K - Match Info - Similar pages
27-44-14
Section 27-44-14 Liability of unpaid assessments; records of negotiations and meetings; association
deemed creditor of impaired or insolvent insurer; judicial distribution of ownership rights
of insolvent insurer; recovery by receiver of certain distributions from controlling affiliates.
(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments
of the insureds on an impaired or insolvent insurer operating under a plan with assessment
liability. (b) Records shall be kept of all negotiations and meetings in which the association
or its representatives are involved to discuss the activities of the association in carrying
out its powers and duties under Section 27-44-8. Records of such negotiations or meetings
shall be made public only upon the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon the termination of the impairment
or insolvency of the insurer, or upon the order of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-14.htm - 4K - Match Info - Similar pages
27-2-55
Section 27-2-55 Assumption by receiver of certain former powers, duties, etc., of commissioner.
All duties, rights, power, authority and responsibility placed upon the Commissioner of Insurance
by Sections 27-32-15 through 27-32-36, or by future law, as receiver of an insurer shall be
vested in and assumed by the receiver appointed pursuant to this article, however, nothing
herein shall divest the commissioner of the authority to examine insurers for solvency and
to institute delinquency proceedings pursuant to law. (Acts 1975, No. 1039, p. 2083, ยง4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-2-55.htm - 863 bytes - Match Info - Similar pages
27-44-11
Section 27-44-11 Duties and powers of commissioner; appeal and review; notification. In addition
to the duties and powers enumerated elsewhere in this chapter: (1) The commissioner shall:
a. Upon request of the board of directors, provide the association with a statement of the
premiums in the appropriate states for each member insurer. b. When an impairment is declared
and the amount of the impairment is determined, serve a demand upon the impaired insurer to
make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute
notice to its shareholders, if any. The failure of the insurer to promptly comply with such
demand shall not excuse the association from the performance of its powers and duties under
this chapter. c. In any liquidation or rehabilitation proceeding involving a domestic insurer,
petition the court of competent jurisdiction to have the chief of the receivership division
appointed as the liquidator or rehabilitator. If a foreign or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-11.htm - 2K - Match Info - Similar pages
27-5B-11
Section 27-5B-11 Reinsurer not licensed, accredited, or certified - Additional trust agreement
requirements. If the assuming insurer does not meet the requirements of Section 27-5B-4, 27-5B-5,
or 27-5B-6, the credit permitted by Section 27-5B-7 or 27-5B-8 shall not be allowed unless
the assuming insurer agrees in the trust agreements to the following conditions: (1) Notwithstanding
any other provisions in the trust instrument, if the trust fund is inadequate because it contains
an amount less than the amount required by subsection (c) of Section 27-5B-7, or if the grantor
of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation,
or similar proceedings under the laws of its state or country of domicile, the trustee shall
comply with an order of the commissioner with regulatory oversight over the trust or with
an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner
with regulatory oversight all of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-11.htm - 2K - Match Info - Similar pages
27-27-29
Section 27-27-29 Principal place of business and home office of domestic insurers; maintenance
of assets in state; removal of records or assets; exceptions. (a) Every domestic insurer shall
have, and maintain, its principal place of business and home office in this state and shall
keep in this state complete records of its assets, transactions, and affairs in accordance
with such methods and systems as are customary or suitable as to the kind, or kinds, of insurance
transacted. (b) Every domestic insurer shall have, and maintain, its assets in this state,
or in a financial institution conducting business in this state except as to: (1) Real property
and personal property appurtenant to the real property lawfully owned by the insurer and located
outside this state. (2) The property of the insurer as may be customary, necessary, and convenient
to enable and facilitate the operation of its branch offices and regional home offices located
outside this state as referred to in subsection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-27-29.htm - 5K - Match Info - Similar pages
27-42-8
Section 27-42-8 Powers and duties. (a) The association shall: (1)a. Be obligated to pay covered
claims existing prior to the order of liquidation arising within 30 days after the order of
liquidation, or before the policy expiration date if less than 30 days after the order of
liquidation, or before the insured replaces the policy or causes its cancellation, if he or
she does so within 30 days of the order of liquidation. The obligation shall be satisfied
by paying to the claimant an amount as follows: 1. The full amount of a covered claim for
benefits under workers' compensation insurance coverage. 2. An amount not exceeding ten thousand
dollars ($10,000) per policy for a covered claim for the return of unearned premium. 3. An
amount not exceeding three hundred thousand dollars ($300,000) or the policy limits, whichever
is less, per claim for all covered claims. For purposes of this limitation, all claims of
any kind whatsoever arising out of, or related to, bodily injury or death to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-8.htm - 10K - Match Info - Similar pages
25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-8.htm - 14K - Match Info - Similar pages
41-14A-2
Section 41-14A-2 Definitions. As used in this chapter, the following words and terms shall
have the following meanings: (1) AVERAGE MONTHLY BALANCE OF PUBLIC DEPOSITS. The sum of the
average daily balances of public deposits, meaning the net average daily balances of public
deposits determined without any deduction for deposit insurance, for the reported month and
the 11 months preceding that month, divided by 12. (2) BOARD OF DIRECTORS or BOARD. The Board
of Directors of the SAFE Program established under Section 41-14A-6. The board of directors
shall consist of eight members. (3) COLLATERAL-PLEDGING LEVEL or COLLATERAL-PLEDGING REQUIREMENT.
The percentage or percentages of collateral, in relation to one or more levels of public deposits
held, required to be pledged by a qualified public depository as determined in accordance
with the provisions of this chapter or rules or orders of the board adopted pursuant to this
chapter. (4) COVERED PUBLIC ENTITY. The state and its political...
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