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27-32-1
Section 27-32-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) IMPAIRMENT or INSOLVENCY.
The capital of a stock insurer, the net assets of a Lloyd's plan insurer or the surplus of
a mutual or reciprocal insurer shall be deemed to be impaired and the insurer shall be deemed
to be insolvent when such insurer is not possessed of assets at least equal to all liabilities
and required reserves, together with its total issued and outstanding capital stock, if a
stock insurer, or the minimum surplus, if a Lloyd's plan, mutual or reciprocal insurer, required
by this title to be maintained for the kind or kinds of insurance it is then authorized to
transact. (2) INSURER. Any person, firm, corporation, association, or aggregation of persons
doing an insurance business and subject to the insurance supervisory authority of, or to liquidation,
rehabilitation, reorganization, or conservation by, the...
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27-41-34
Section 27-41-34 Particular investments - Real estate. (a)(1) An insurer may acquire, invest
in, own, maintain, alter, furnish, and improve the following real estate: a. Land and buildings
used for home office and branch office purposes, together with such other real estate as is
required for the convenient transaction of its business; and b. Funeral home buildings used
in the servicing of burial insurance policies. (2) An insurer may lease to others part of
the real property otherwise occupied by it for home office and other purposes under paragraphs
a. and b. of subdivision (1) of this subsection, except that the value of the parts so leased
must be included in subdivision (2) of subsection (b) of this section. (3) Except as provided
in subsection (e) of this section, an insurer may not carry, as an admitted asset, real estate
acquired under this subsection following 10 years from the date when such real estate ceases
to be necessary for the convenient accommodation of the insurer in...
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27-9A-12
Section 27-9A-12 License denial, non-renewal, or revocation. (a) The commissioner may place
on probation, suspend, revoke, or refuse to issue or renew an independent adjuster's license,
an apprentice independent adjuster's license, or the registration of an emergency independent
adjuster, or may levy a civil penalty in accordance with subsection (d), or any combination
of these actions, for any one or more of the following causes: (1) Providing incorrect, misleading,
incomplete, or materially untrue information in the license application. (2) Violating any
insurance laws, rules, subpoena, or order of the commissioner or of another state's insurance
regulator. (3) Obtaining or attempting to obtain a license or registration through misrepresentation
or fraud. (4) Improperly withholding, misappropriating, or converting any monies or properties
received in the course of acting as an adjuster of any type or in otherwise doing insurance
business in this state or elsewhere. (5) Intentionally...
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10A-2-14.32
Section 10A-2-14.32 Receivership or custodianship. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A court
in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers
to wind up and liquidate, or one or more custodians to manage the business and affairs of
the corporation. The court shall hold a hearing, after notifying all parties to the proceeding
and any interested persons designated by the court, before appointing a receiver or custodian.
The court appointing a receiver or custodian has exclusive jurisdiction over the corporation
and all of its property wherever located. (b) The court may appoint an individual, domestic
or foreign corporation, authorized to transact business in this state, or other entity as
receiver or custodian. The court may require the receiver or custodian to post bond, with
or without sureties, in an amount the court directs. (c) The court shall...
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27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against or by
same. The failure of an insurer to obtain a license or certificate of authority shall not
impair the validity of any act or contract of such insurer and shall not prevent such insurer,
its assigns or successors in interest, from defending any action in any court of this state;
but no insurer transacting insurance business in this state without a license or certificate
of authority shall be permitted to maintain an action in any court of this state to enforce
any right, claim, or demand arising out of the transaction of such business until such company,
its assigns or successors in interest shall have: (1) Obtained a license or certificate of
authority; or (2) Deposited with the clerk of the court in which such action or proceeding
is pending cash or securities or file with such clerk a bond with good and sufficient sureties,
to be approved by the court, in an amount to be fixed by the court...
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27-29-3.1
Section 27-29-3.1 Acquisition involving change in control of insurer authorized to do business
in Alabama; pre-acquisition notification; violation of competitive standards. (a) The following
definitions shall apply for the purposes of this section only: (1) ACQUISITION. Any agreement
or arrangement the consummation of which results in a person acquiring directly or indirectly
the control of another person, and includes, but is not limited to, the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and mergers. (2) INVOLVED INSURER.
Includes an insurer which either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger. (b)(1) Except as exempted in subdivision (2), this
section applies to any acquisition in which there is a change in control of an insurer authorized
to do business in this state. (2) This section shall not apply to the following: a. A purchase
of securities solely for investment purposes so long as the...
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27-3-10
Section 27-3-10 Application of capital surplus to reduction or elimination of deficit by domestic
stock insurers. (a) For the purposes of this section, the following words and phrases shall
have the following meanings: (1) DOMESTIC STOCK INSURER. A corporation incorporated under
the laws of the State of Alabama with its capital divided into shares and owned by its stockholders
which is engaged as indemnitor, surety, or contractor in the business of entering into contracts
of insurance. (2) CAPITAL SURPLUS. Such term shall have the meaning given thereto in the statutes
of this state relating to the powers and procedures of domestic private corporations formed
for profit. (3) EARNED SURPLUS. Such term shall have the meaning given thereto in the statutes
of this state relating to the powers and procedures of domestic private corporations formed
for profit. (b) A domestic stock insurer which has the minimum unimpaired paid-in capital
stock required for the transaction of insurance by such...
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27-34-33
Section 27-34-33 Reinsurance. A domestic society may, by a reinsurance agreement, cede any
individual risk or risks, in whole or in part, to an insurer, other than another fraternal
benefit society, having the power to make such reinsurance and authorized to do business in
this state or, if not so authorized, one which is approved by the commissioner; but no such
society may reinsure substantially all of its insurance in force without the written permission
of the commissioner. It may take credit for the reserves on such ceded risks to the extent
reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability
to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective
after January 1, 1972, unless the reinsurance is payable by the assuming insurer on the basis
of the liability of the ceding society under the contract, or contracts, reinsured without
diminution because of the insolvency of the ceding society. (Acts 1923, No....
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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...
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30-3-192
Section 30-3-192 Data match system; accounts encumbered or surrendered; reasonable fees; liability;
disclosure of financial records; penalties. (a) The state Title IV-D agency shall enter into
agreements with financial institutions doing business in Alabama to develop and operate a
data match system, using automated data exchanges to the maximum extent feasible, to provide
on a calendar quarter basis the following information to the extent available for each noncustodial
parent who maintains an account with the contracting financial institution and who owes past
due support as identified by the state Title IV-D agency by name and Social Security number
or other taxpayer identifying information: (i) name, (ii) record address, (iii) Social Security
number or other tax identification number, and (iv) other identifying information that may
be a part of the institution's records. (b) Upon service of a notice of lien or levy from
the state Title IV-D agency on a financial institution, the...
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