Code of Alabama

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22-21-361
Section 22-21-361 Definitions. The following terms shall have the meanings respectively ascribed
by this section unless the context clearly indicates otherwise: (1) COMMISSIONER. The commissioner
of insurance of this state. (2) DENTAL SERVICE PLAN or PLAN. Any plan or other arrangement
whereby dental services are provided in whole or in part through a dental service corporation
by dentists participating in the plan to provide dental services to those members of the public
who become subscribers to the plan under a contract with such corporation. The terms "dental
service plan" or "plan" do not include an insurer authorized by the insurance
department to transact insurance in this state or to a nonprofit health insurance plan organized
pursuant to Section 10-4-100, or to any policy of insurance or contract which includes dental
benefits issued by such insurer or nonprofit health insurance plan. (3) DEPARTMENT. The Department
of Insurance. (4) LICENSE. The certificate of authority issued...
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27-2-10
Section 27-2-10 Appointment, etc., of State Fire Marshal, assistants, etc.; compensation and
bond thereof; contracting for professional services. (a) Subject to the Merit System Act and
rules and regulations issued pursuant thereto, the commissioner shall prescribe the qualifications
and duties of and appoint, employ, bond, and remove a State Fire Marshal and such other assistants,
deputies, actuaries, examiners, and other employees as he deems necessary for the efficient
performance of his duties under this code. (b) The commissioner shall fix the compensation
of all such personnel in accordance with the Merit System Act and the pay plan of the state
Personnel Department. (c) The commissioner may contract for and procure on a basis of fee,
and without giving such persons any status in the classified service of the state, such independently
contracting actuarial, technical, and other similar professional services as he may from time
to time require for the discharge of his duties. (d)...
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27-2-33
Section 27-2-33 Order of supervision - Authority of commissioner; reasons for issuance. The
Commissioner of Insurance is empowered to place an insurance company under supervision, after
a hearing thereon, by appropriate order, for the following reasons: (1) When an insurance
company has been notified under the provisions of Section 27-27-41 of impairment or deficiency
of assets and given 60 days to make good the impairment; (2) A determination by the commissioner
that an insurer is impaired or insolvent; (3) A determination by the commissioner that an
insurer's condition is such as to render the continuation of its business hazardous to its
policyholders following an examination of the operations and financial condition of an insurer
by the commissioner; (4) Any of the grounds for rehabilitation or liquidation of domestic
insurers set forth in Sections 27-32-6 and 27-32-7. (Acts 1975, No. 217, p. 742, §1; Acts
1977, No. 409, p. 547, §1.)...
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27-28-2
Section 27-28-2 Plan for exchange of stock, etc., between domestic stock insurer and holding
company - Procedure for exchange. A plan of exchange shall be adopted and become effective
in the following manner: (1) APPROVAL OF THE BOARDS OF DIRECTORS. - The boards of directors
of each corporate party to the plan of exchange by resolution shall adopt the plan of exchange
which shall set forth the terms and conditions of the exchange and the mode of carrying the
same into effect and such other provisions with respect to the exchange as may be deemed necessary
or desirable. (2) APPROVAL OF COMMISSIONER. - Every plan of exchange, before being submitted
to vote of the stockholders pursuant to subdivision (3) of this section, shall be submitted
for approval to the commissioner in accordance with the following procedure: a. After the
approval required by subdivision (1) of this section is obtained, the domestic company shall
submit to the commissioner three copies of the plan of exchange and...
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27-31B-10
Section 27-31B-10 Examinations and investigations. (a) At least once in three years, and whenever
the commissioner determines it to be prudent, the commissioner shall visit each captive insurance
company and thoroughly inspect and examine its affairs to ascertain its financial condition,
its ability to fulfill its obligations, and whether it has complied with this chapter. The
commissioner, upon application, may enlarge the three-year period to five years, provided
the captive insurance company is subject to a comprehensive annual audit during that period
of a scope satisfactory to the commissioner by independent auditors approved by the commissioner.
The expenses and charges of the examination shall be in accordance with Section 27-2-25. (b)
All examination reports, preliminary examination reports or results, working papers, recorded
information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner
or any other person in the course of an examination...
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27-38-3
Section 27-38-3 Variable contracts - Licensing of insurer. (a) No insurer shall deliver, or
issue for delivery, within this state variable contracts unless it is licensed to do a life
insurance or annuity business in this state and the commissioner is satisfied that its condition
or method of operation in connection with the issuance of such contracts will not render its
operation hazardous to the public or its policyholders in this state. In this connection,
the commissioner shall consider among other things: (1) The history and financial condition
of the insurer; (2) The character, responsibility, and fitness of the officers and directors
of the insurer; and (3) The law and regulation under which the insurer is authorized in the
state of domicile to issue variable contracts. (b) If the company is a subsidiary of an admitted
life insurer or affiliated with such insurer through common management or ownership, it may
be deemed to have met the provisions of the section if either it or...
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2-4-1
Section 2-4-1 Appointment of State Veterinarian; qualifications; compensation and powers and
duties. The State Veterinarian of Alabama shall be appointed by the Commissioner of Agriculture
and Industries, the Governor of Alabama, and the President of the Alabama Veterinary Medical
Association, or majority of them, from the list of qualified applicants who have passed the
official examination and who have been certified to the aforesaid appointing authorities by
the State Personnel Department. The State Veterinarian appointed under the provisions of this
section shall be subject to the provisions of the Merit System, and his or her salary shall
be fixed by the State Personnel Board, upon recommendation of the Commissioner of Agriculture
and Industries with approval of the State Board of Agriculture and Industries, which salary
shall be paid out of the appropriation provided by law for payment of salaries and expenses
of the employees of the Department of Agriculture and Industries. The...
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27-15-79
Section 27-15-79 Nonforfeiture benefits for indeterminate premium plans. In the case of any
plan of life insurance which provides for future premium determination, the amounts of which
are to be determined by the insurer based on the estimates of future experience, or, in the
case of any plan of life insurance which is of such a nature that minimum values cannot be
determined by the methods described in Section 27-15-72, 27-15-73, 27-15-74, 27-15-75, 27-15-76,
27-15-77, or 27-15-78, then: (1) The commissioner must be satisfied that the benefits provided
under the plan are substantially as favorable to policyholders and insureds as the minimum
benefits otherwise required by Section 27-15-72, 27-15-73, 27-15-74, 27-15-75, 27-15-76, 27-15-77,
or 27-15-78. (2) The commissioner must be satisfied that the benefits and the pattern of premiums
of that plan are not such as to mislead prospective policyholders or insureds. (3) The cash
surrender values and paid-up nonforfeiture benefits provided...
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27-21A-23
Section 27-21A-23 Statutory construction and relationship to other laws. (a) Except as otherwise
provided in this chapter, provisions of the insurance law and provisions of health care service
plan laws shall not be applicable to any health maintenance organization granted a certificate
of authority under this chapter. This provision shall not apply to an insurer or health care
service plan licensed and regulated pursuant to the insurance law or the health care service
plan laws of this state except with respect to its health maintenance organization activities
authorized and regulated pursuant to this chapter. (b) Solicitation of enrollees by a health
maintenance organization granted a certificate of authority shall not be construed to violate
any provision of law relating to solicitation or advertising by health professionals. (c)
Any health maintenance organization authorized under this chapter shall not be deemed to be
practicing medicine and shall be exempt from the provisions of...
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27-32-27
Section 27-32-27 Voidable transfers and liens. (a) Any transfer of, or lien upon, the property
of an insurer which is made or created within four months prior to the granting of an order
to show cause under this chapter with the intent of giving to any creditor a preference or
of enabling him to obtain a greater percentage of his debt than any other creditor of the
same class and which is accepted by such creditor, having reasonable cause to believe that
such preference will occur, shall be voidable. (b) Every director, officer, employee, stockholder,
member, subscriber, and any other person acting on behalf of such insurer who shall be concerned
in any such act or deed and every person receiving thereby any property of such insurer of
the benefit thereof shall be personally liable therefor and shall be bound to account to the
commissioner. (c) The commissioner, as receiver in any proceeding under this chapter, may
avoid any transfer of, or lien upon, the property of an insurer which...
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