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27-6-14
Section 27-6-14 Curing of deficiency in market value of deposit. (a) If for any reason the
market value of assets and securities of an insurer held on deposit in this state under this
title falls below the amount so required, the insurer shall promptly deposit other or additional
assets or securities eligible for deposit sufficient to cure such deficiency. If the insurer
has failed to cure the deficiency within 30 days after receipt of notice thereof by registered
or certified mail from the commissioner, the commissioner shall revoke the insurer's certificate
of authority. (b) If for any reason the market value of assets and securities of a domestic
life insurer, representing deposit of the reserves of certain of its outstanding registered
policies and registered annuity contracts under laws heretofore in force, falls below the
amount so required and as determined from the insurer's most recent annual statement or most
recent examination of the insurer by the commissioner, the insurer...
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27-6B-6
Section 27-6B-6 Penalties. (a) If the commissioner believes that the controlling producer or
any other person has not materially complied with this chapter, or any regulation or order
promulgated hereunder, after notice and opportunity to be heard, the commissioner may order
the controlling producer to cease placing business with the controlled insurer. (b) If it
was found that because of the material non-compliance that the controlled insurer or any policyholder
thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene
in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder, or other appropriate relief. (c) If
an order for liquidation or rehabilitation of the controlled insurer has been entered, pursuant
to Chapter 32 of Title 27, and the receiver appointed under that order believes that the controlling
producer or any other person has not...
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2-28-7
Section 2-28-7 Denial or revocation of permits by commissioner and appeals therefrom. Upon
determination by the commissioner that any person certified or having a permit issued under
the provisions of this chapter or any person who has applied for such certification or a permit
has violated or failed to comply with any of the provisions or requirements of this chapter
or any rules and regulations promulgated thereunder, the commissioner shall be authorized
to revoke such certification or permit, or both, or he shall refuse to issue a certification
or a permit, or both, to an applicant therefor. The performance of unauthorized work not covered
by a permit, making misrepresentations or any fraudulent practices, failure to perform a contract,
failure to have in its employ, when required, a certified operator or branch supervisor or
use or continued use of ineffective methods or materials shall also be valid grounds for revocation
of a certification or a permit; provided, however, that no...
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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...
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27-10-55
Section 27-10-55 Exemptions. This Unauthorized Insurers Process Act shall not apply as to surplus
line insurance lawfully effectuated under this title nor to any action or proceeding against
an unauthorized insurer arising out of: (1) Wet marine and transportation insurance; (2) Insurance
on, or with respect to, subjects located, resident or to be performed wholly outside this
state or on, or with respect to, vehicles or aircraft owned and principally garaged outside
this state; (3) Insurance on property or operations of railroads engaged in interstate commerce;
or (4) Insurance on aircraft or cargo of such aircraft or against liability, other than employer's
liability, arising out of the ownership, maintenance, or use of such aircraft where the policy
or contract contains a provision designating the commissioner as its attorney for the acceptance
of service of lawful process in any action or proceeding instituted by, or on behalf of, an
insured or beneficiary arising out of any such...
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27-2B-2
Section 27-2B-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ADJUSTED RBC REPORT. An RBC report which has been adjusted by the commissioner
in accordance with subsection (e) of Section 27-2B-3. (2) CORRECTIVE ORDER. An order issued
by the commissioner specifying corrective actions which the commissioner has determined are
required. (3) DOMESTIC INSURER. Any insurer domiciled in this state. (4) FOREIGN INSURER.
Any insurer which is licensed to do business in this state but not domiciled in this state.
(5) FRATERNAL BENEFIT SOCIETY. Any insurer licensed under Chapter 34. (6) HEALTH ORGANIZATION.
Any health care service plan, health maintenance organization, limited health service organization,
dental services corporation, or other managed care organization licensed under this title.
This term does not include any life and disability insurer or property and casualty insurer.
(7) INSURER. As defined in Section 27-1-2, including, without...
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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...
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28-11-9
Section 28-11-9 Suspension or revocation of permit; hearing commission; fines. (a) Subject
to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have
full and final authority as to the suspension or revocation for cause of any permit issued
pursuant to this chapter. (1) The board may appoint a hearing commission of at least three
persons which may do all of the following: a. Hear and decide all contested applications for
permits. b. Hear and decide all charges against any permit holder or employee of a permit
holder for violations of this chapter, the law, or the rules of the board. c. Revoke or suspend
permits as provided in this chapter. d. Levy administrative fines upon permit holders or employees
of permit holders. (2) No member of the hearing commission shall participate in the hearing
or disposition of any application for a permit or charge against a permit holder or an employee
of a permit holder if he or she has an interest therein or was involved...
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27-3-26
Section 27-3-26 Annual statement of insurers; furnishing of other information on request. (a)
Each authorized insurer shall, annually on or before March 1, or within such extension of
time not exceeding 30 days after March 1 as the commissioner for good cause shown may grant
as to a particular insurer, file with the commissioner a full and true statement of its financial
condition, transactions and affairs as of the December 31, preceding. The statement shall
be in such general form and context as is in current use for similar reports to states in
general with respect to the type of insurer and kinds of insurance to be reported upon and
as supplemented by additional information required by the commissioner. The statement shall
be verified by the oath of the insurer's president or vice-president and secretary or actuary
as applicable or, if a reciprocal insurer, by the oath of the attorney-in-fact or its like
officers if a corporation. (b) The statement of an alien insurer shall be...
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27-30-12
Section 27-30-12 Certificate of authority - Suspension or revocation - Procedure. (a) If suspension
or revocation of certificate of authority relates to grounds other than the financial condition
of the association, the commissioner shall give the association written notice of his intention
to so suspend or revoke not less than 10 days in advance of the effective date of the proposed
order of suspension or revocation. The notice shall state the grounds of the commissioner's
proposed action, together with such details as reasonably to inform the association thereof.
Notice mailed to the association at its principal place of business last of record with the
commissioner shall be deemed to have been given when so mailed. If within such 10-day period
the association files with the commissioner its written request for a hearing with respect
to the proposed suspension or revocation, setting forth the reasons why, in its opinion, the
commissioner's proposed action is unlawful or should not be...
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