Code of Alabama

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27-27-4
Section 27-27-4 Solicitation permit - Requirement. (a) No person forming, or proposing to form,
in this state or secure funds in this state for the financing of an insurer, or insurance
holding corporation or stock corporation to finance an insurer or corporation to be attorney-in-fact
for a reciprocal insurer or a syndicate, association, firm, partnership, or organization for
any such purposes, whether domestic or foreign, shall advertise or solicit or receive any
funds, subscription, or membership on account thereof in this state except as authorized by
a currently effective solicitation permit issued by the commissioner, in addition to complying
with other applicable provisions of the law. (b) Any person violating this section shall,
upon conviction thereof, be subject to a fine of not more than $10,000.00 or imprisonment
for not more than 10 years, or by both such fine and imprisonment. (c) Any insurer violating
this section, in addition to any other penalties provided by law,...
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27-21A-12
Section 27-21A-12 Protection against insolvency. (a) Unless otherwise provided below, each
health maintenance organization shall deposit with the commissioner, or with any organization
or trustee acceptable to him through which a custodial or controlled account is utilized,
cash, securities, or any combination of these or other measures acceptable to him in the amount
set forth in this section. (b) The amount for an organization that is beginning operation
shall be the greater of: (1) five percent of its estimated expenditures for health care services
for its first year of operation, (2) twice its estimated average monthly uncovered expenditures
for its first year of operation, or (3) $100,000. At the beginning of each succeeding year,
unless not applicable, the organization shall deposit with the commissioner, or organization,
or trustee, cash, securities, or any combination of these or other measures acceptable to
the commissioner, in an amount equal to four percent of its estimated...
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27-21A-13
Section 27-21A-13 Prohibited practices. (a) No health maintenance organization, or representative
thereof, may cause or knowingly permit the use of advertising which is untrue or misleading,
solicitation which is untrue or misleading, or any form or evidence of coverage which is deceptive.
For purposes of this chapter: (1) A statement or item of information shall be deemed to be
untrue if it does not conform to fact in any respect which is or may be significant to an
enrollee of, or person considering enrollment with a health maintenance organization; (2)
A statement or item of information shall be deemed to be misleading, whether or not it may
be literally untrue, if, in the total context in which such statement is made or such item
of information is communicated, such statement or item of information may be reasonably understood
by a reasonable person, not possessing special knowledge regarding health care coverage, as
indicating any benefit or advantage or the absence of any...
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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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25-4-51
Section 25-4-51 Rates of contributions, etc., by employers. (a) Contributions. Except as hereinafter
provided and subject to the provisions of Section 25-4-54, every employer shall pay contributions,
or payments in lieu of contributions, equal to the percentages of wages payable or paid as
hereinafter set out, with respect to employment by him. (1) With respect to employment during
calendar years after December 31, 1975, every employer who has been liable to the provisions
of this chapter during a period of time sufficient to have his rate of contribution determined
under the experience rating provisions of Section 25-4-54 shall pay contributions at the rate
prescribed thereby. (2) With respect to employment after December 31, 1975, every employer
who has not been liable to the provisions of this chapter for a sufficient length of time
to have his rate determined under the experience rating provisions of Section 25-4-54 shall
pay contributions at the rate of 2.70 percent of such wages...
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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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27-13-25
Section 27-13-25 Rating organizations - Provisions for insurers to become members or subscribers.
Every rating organization shall make reasonable provision in its bylaws, rules, constitution,
or otherwise to permit any insurer engaged in the kind of insurance for which rate-making
is done by such rating organization to become a member or subscriber thereof upon application
therefor by such insurer. An insurer may be a member of, or a subscriber to, more than one
rating organization, but not for the purpose of rating the same risk. No insurer shall use
any rate or rating systems made by a rating organization of which it is not a member or subscriber
or by another insurer. No rating organization shall discriminate unfairly between insurers
in the conditions imposed for admission as subscribers or in the services rendered to either
members or subscribers. The refusal of any rating organization to admit an insurer as a subscriber
shall, at the request of such insurer, be reviewed by the...
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27-13-63
Section 27-13-63 Rating organizations - Provisions for insurers to become members or subscribers.
Every rating organization shall make reasonable provision in its bylaws, rules, constitution,
or otherwise to permit any insurer engaged in the kind of insurance for which rate-making
is done by such rating organization to become a member or subscriber to its rating services
for any kind of insurance, or subdivisions thereof, upon application therefor by such insurer.
No rating organization shall discriminate unfairly between insurers in the condition imposed
for admission as subscribers or in the services rendered to either members or subscribers.
No rating organization shall adopt any rule the effect of which would be to prohibit or regulate
the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers
to their policyholders, members or subscribers. The refusal of any rating organization to
admit an insurer as a subscriber shall, at the request of such...
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27-27-17
Section 27-27-17 Domestic mutual insurers - Solicitation of qualifying applications for insurance.
(a) Upon receipt of the commissioner's approval of the bond or deposit as provided in Section
27-27-16 the directors and officers of the proposed domestic mutual insurer may commence solicitation
of such requisite applications for insurance policies as they may accept and may receive deposits
of premiums thereon. (b) All such applications shall be in writing signed by the applicant,
covering subjects of insurance resident, located or to be performed in this state. (c) All
such applications shall provide that: (1) Issuance of the policy is contingent upon the insurer
qualifying for and receiving a certificate of authority; (2) No insurance is in effect unless
and until the certificate of authority has been issued; and (3) The prepaid premium or deposit
and membership or policy fee, if any, shall be refunded in full to the applicant if organization
is not completed and the certificate of...
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