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27-2-53
Section 27-2-53 Appointment of chief as receiver - Generally. Upon the Commissioner of Insurance
bringing delinquency proceedings against any insurer pursuant to this title, or other insurance
laws of the state, the proper circuit court having jurisdiction thereof shall appoint the
Chief of the Receivership Division as receiver of such impaired or insolvent insurer, or ancillary
receiver if a foreign insurer is found to be impaired or insolvent. (Acts 1975, No. 1039,
p. 2083, §2.)...
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27-29A-6
Section 27-29A-6 Exemption. (a) An insurer shall be exempt from the requirements of this chapter,
if it meets both of the following: (1) The insurer has annual direct written and unaffiliated
assumed premium, including international direct and assumed premium but excluding premiums
reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than
five hundred million dollars ($500,000,000). (2) The insurance group of which the insurer
is a member has annual direct written and unaffiliated assumed premium including international
direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance
Corporation and Federal Flood Program, less than one billion dollars ($1,000,000,000). (b)
If an insurer qualifies for exemption pursuant to subdivision (1) of subsection (a), but the
insurance group of which the insurer is a member does not qualify for exemption pursuant to
subdivision (2) of subsection (a), then the ORSA Summary Report that may...
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27-3-11
Section 27-3-11 Deposit requirements - Generally. (a) The commissioner shall not issue or permit
to exist a certificate of authority as to any insurer, other than an alien insurer, unless
it has deposited and maintains deposited in trust with the Treasurer of this state cash or
securities eligible under Section 27-6-3 and having a value at all times of not less than
$100,000.00 or the minimum paid-in capital stock, if a stock insurer, or surplus, if a mutual
or reciprocal insurer, required to be maintained by the insurer under this title for authority
to transact the kinds of insurance to be transacted, whichever is the smaller amount. (b)
The deposit shall be for the general benefit and protection of the insurer's policyholders
or its policyholders and creditors. (c) In lieu of such deposit, or part thereof, in this
state of a foreign insurer, the commissioner shall, subject to the retaliatory law, Section
27-3-29, accept the current certificate in proper form of the public official...
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27-31-11
Section 27-31-11 Bond of attorney of domestic insurer - Requirements. (a) Concurrently with
the filing of the declaration provided for in Section 27-31-7, the attorney of a domestic
reciprocal insurer shall file with the commissioner a bond in favor of this state for the
benefit of all persons damaged as a result of breach by the attorney of the conditions of
his bond as set forth in subsection (b) of this section. The bond shall be executed by the
attorney and by an authorized corporate surety and shall be subject to the commissioner's
approval. (b) The bond shall be in the penal sum of $25,000.00, aggregate in form, conditioned
that the attorney will faithfully account for all moneys and other property of the insurer
coming into his hands and that he will not withdraw or appropriate to his own use from the
funds of the insurer any moneys or property to which he is not entitled under the power of
attorney. (c) The bond shall provide that it is not subject to cancellation unless 30...
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10A-1-3.07
Section 10A-1-3.07 Certificate of existence or registration. Unless provided otherwise in a
chapter of this title governing an entity: (a) The Secretary of State, upon request and payment
of the requisite fee, shall furnish to any person a certificate of existence for a filing
entity if the filing instruments filed with the Secretary of State show that the filing entity
has been formed under the laws of this state. A certificate of existence shall reflect only
the information on file with the Secretary of State. A certificate of existence must state:
(1) the filing entity's name; (2) that the filing entity was formed under the laws of this
state and the date of formation; (3) whether the filing entity has delivered to the Secretary
of State for filing a certificate of dissolution; (4) whether the filing entity has delivered
to the Secretary of State for filing a certificate of reinstatement; (5) the unique identifying
number or other designation of the filing entity as assigned by the...
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27-13-65
Section 27-13-65 Rate-making and making rating plans. Every rating organization and every insurer
which makes its own rates shall make rates that are not unreasonably high or inadequate for
the safety and soundness of the insurer and which do not unfairly discriminate between risks
in this state and shall, in rate-making and in making rating plans: (1) Adopt basis classifications,
which shall be used as the basis of all manual, minimum, class, schedule, or experience rates;
(2) Give consideration to past experience within the state and without the state, when necessary,
and due consideration may be given to prospective loss experience within the state and without
the state, when necessary, over such period of years as appears to be fairly representative
of the frequency of the occurrence of the particular risk; and (3) Give consideration to all
factors reasonably related to the kind of insurance involved, including a reasonable profit
for the insurer and, in the case of participating...
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27-23-23
Section 27-23-23 Notice of cancellation - Time; reasons. No notice of cancellation of a policy
to which Section 27-23-21 applies shall be effective unless mailed or delivered by the insurer
to the named insured at least 20 days prior to the effective date of cancellation; provided,
however, that where cancellation is for nonpayment of premium, at least 10 days' notice of
cancellation accompanied by the reason therefor shall be given. Unless the reason, or reasons,
accompany or are included in the notice of cancellation, the notice of cancellation shall
state, or be accompanied by a statement, that upon written request of the named insured, mailed
or delivered to the insurer not less than 15 days prior to the effective date of cancellation,
the insurer will specify the reason, or reasons, for such cancellation. (Acts 1971, No. 407,
p. 707, §485.3.)...
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27-27-47
Section 27-27-47 Bulk reinsurance - Domestic stock insurers. (a) A domestic stock insurer may
reinsure all, or substantially all, of its insurance in force or a major class thereof with
another insurer by an agreement of bulk reinsurance, but no such agreement shall become effective
unless filed with the commissioner and approved by him in writing after a hearing thereon.
(b) The commissioner shall approve such agreement within a reasonable time after such filing
unless he finds that it is inequitable to the stockholders of the domestic insurer or would
substantially reduce the protection or service to its policyholders. If the commissioner does
not approve the agreement, he shall so notify the insurer in writing, specifying his reasons
therefor. If the commissioner does not approve or disapprove such agreement and notify the
insurer thereof in writing within 30 days after such filing, it shall conclusively be presumed
that the agreement is approved by the commissioner. (Acts 1971, No....
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27-27-48
Section 27-27-48 Bulk reinsurance - Domestic mutual insurers. (a) A domestic mutual insurer
may reinsure all, or substantially all, its business in force or all, or substantially all,
of a major class thereof with another insurer, stock or mutual, by an agreement of bulk reinsurance
after compliance with this section. No such agreement shall become effective unless filed
with the commissioner and approved by him in writing after a hearing thereon. (b) The commissioner
shall approve such agreement within a reasonable time after filing if he finds it to be fair
and equitable to each domestic insurer involved, and that such reinsurance if effectuated
would not substantially reduce the protection or service to its policyholders. If the commissioner
does not so approve, he shall so notify each insurer involved in writing, specifying his reasons
therefor. (c) The plan and agreement for such reinsurance must be approved by vote of not
less than two-thirds of each domestic mutual insurer's...
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27-29-9
Section 27-29-9 Injunctions; prohibitions against voting securities; sequestration of voting
securities. (a) Injunctions. Whenever it appears to the commissioner that any insurer or any
director, officer, employee, or agent thereof has committed, or is about to commit, a violation
of this chapter or of any rule, regulation, or order issued by the commissioner under this
chapter, the commissioner may apply to the circuit court for the county in which the principal
office of the insurer is located or if such insurer has no such office in this state, then
to the Circuit Court for Montgomery County for an order enjoining such insurer or such director,
officer, employee, or agent thereof from violating, or continuing to violate, this chapter
or any such rule, regulation, or order and for such other equitable relief as the nature of
the case and the interests of the insurer's policyholders, creditors, and shareholders or
the public may require. (b) Voting of securities; when prohibited. No...
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