Code of Alabama

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27-2B-4
Section 27-2B-4 Company action level event; preparation and submission of RBC plan or revised
RBC plan; notification of unsatisfactory filing; copies of plans. (a) Company action level
event means any of the following events: (1) The filing of an RBC report by an insurer which
indicates any of the following: a. The insurer's total adjusted capital is greater than or
equal to its regulatory action level RBC, but less than its company action level RBC. b. If
a life or health insurer or fraternal benefit society, the insurer has total adjusted capital
which is greater than or equal to its company action level RBC but less than the product of
its authorized control level RBC and 3.0 and has a negative trend. c. If a property and casualty
insurer or a health organization, the insurer has total adjusted capital which is greater
than or equal to its company action level RBC, but less than the product of its authorized
control level RBC and 3.0, and triggers the trend test determined in...
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27-2B-7
Section 27-2B-7 Mandatory control level event; commissioner's duties. (a) "Mandatory control
level event" means any of the following events: (1) The filing of an RBC report which
indicates that the insurer's total adjusted capital is less than its mandatory control level
RBC. (2) Notification by the commissioner to the insurer of an adjusted RBC report that indicates
the event in subdivision (1), provided the insurer does not challenge the adjusted RBC report
under Section 27-2B-8. (3) If, pursuant to Section 27-2B-8, the insurer challenges an adjusted
RBC report that indicates the event in subdivision (1), notification by the commissioner to
the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
(b) In the event of a mandatory control level event: (1) With respect to a life insurer, health
organization, or fraternal benefit society, the commissioner shall take actions as necessary
to place the insurer under regulatory control pursuant to Chapter 32....
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27-3-14
Section 27-3-14 Deposit requirements - Alien insurers - Generally. (a) An alien insurer shall
not have authority to transact insurance in this state unless it has and maintains within
the United States as deposits with trustees, public depositaries or in trust institutions
approved by the commissioner under Section 27-3-15 assets available for discharge of its United
States insurance obligations, which assets shall be in amount not less than the outstanding
liabilities of the insurer arising out of its insurance transactions in the United States
together with the greater of the following sums: (1) The largest deposit required by Section
27-3-11 to be made by foreign insurers transacting like kinds of insurance; or (2) $300,000.00.
(b) Of the amount deposited by an alien insurer, an amount not less than that required under
subdivisions (a)(1) or (a)(2) of this section shall be deposited and maintained on deposit
in cash or securities eligible for deposit under Section 27-6-3 with the...
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27-52-3
Section 27-52-3 Additional powers; guidelines. (a) The commissioner shall, by regulation, establish
additional powers and duties of the plan and may adopt such rules as are necessary and proper
to implement this article. For the purpose of this section, the term "insurer" means
any entity covered by the Health Insurance Portability Act, including, but not limited to,
as the terms are defined in the Health Insurance Portability Act, a health insurance issuer,
a health maintenance organization and, notwithstanding Section 10-4-115, any health benefit
plan. In the case of a self-funded health benefit plan operating through a third party administrator,
the third party administrator shall be the insurer for the purpose of this section. The commissioner
may, by regulation, define health insurance premiums consistent with the purpose of this section.
(b) The regulations shall set forth coverage eligibility criteria consistent with the requirements
of Health Insurance Portability and...
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27-6-10
Section 27-6-10 Power of attorney - New power of attorney. If less than all of the securities
or assets covered by any such power of attorney is returned to the insurer or its trustee
or agent, the commissioner may require the insurer to deliver to him, as a condition precedent
to the return of such power of attorney, a new power of attorney covering the securities and
assets not then being withdrawn. The new power of attorney shall be held and exercised under
the same restrictions and upon the same conditions as prescribed in this chapter for the original
power of attorney. (Acts 1953, No. 727, p. 981, §4; Acts 1971, No. 407, p. 707, §106.)...

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27-12A-2
Section 27-12A-2 Insurance fraud - definition. A person commits the crime of insurance fraud
if, knowingly and with intent to defraud, he or she commits, or conceals any material information
concerning, one or more of the following acts: (1) The solicitation or acceptance of new or
renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the
transaction of the business of insurance, by a person who knows the insurer, reinsurer, or
other person responsible for the risk is financially unable to pay its claims at the time
of the transaction. (2) The removal, concealment, alteration, or destruction of the assets
or records relating to the transaction of the business of insurance of an insurer, reinsurer,
or other person engaged in the transaction of the business of insurance. This section does
not prohibit an insurer, reinsurer, or other person engaged in the transaction of the business
of insurance from destroying records or documents relating to the...
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27-13-36
Section 27-13-36 Examination of business, etc., of rating organizations and insurers making
own rates. The commissioner may, whenever he deems it expedient, but at least once in every
five years, make, or cause to be made, an examination of the business, affairs, and method
of operation of every rating organization doing business in this state and a like examination
of an insurer making its own rates. The cost of such examination shall be fixed in the same
manner as provided for in this title and shall be paid by the rating organization or insurer
making its own rates being examined. The commissioner may, in his discretion, waive such examination
upon proof that such rating organization has, within a reasonably recent period, been examined
by a public official or department of another state pursuant to the laws of such state and
upon the filing with the department of a certified copy of the report of such examination.
The officers, managers, agents, and employees of such rating...
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27-13-42
Section 27-13-42 Notices, hearings, and orders by commissioner. The commissioner shall not
make any order under the provisions of this article without giving every rating organization
and insurer who may be affected thereby reasonable notice and a hearing, if hearing is requested.
All hearings provided for in this article shall be held at such time and place as shall be
designated in a notice which shall be given in writing by registered or certified mail to
such rating organization and insurer, or the officers, agents, and representatives thereof,
which may be affected thereby, at least 30 days before the date designated therein, which
notice shall state the subject of the order. At the conclusion of such hearing, or within
30 days thereafter, the commissioner shall make such order, or orders, as he may deem necessary
in accordance with his findings. (Acts 1945, No. 132, p. 133, §23; Acts 1971, No. 407, p.
707, §280.)...
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27-13-80
Section 27-13-80 Notices, hearings, and orders by commissioner. The commissioner shall not
make any order under the provisions of this article without giving every rating organization
and insurer who may be affected thereby reasonable notice and a hearing, if hearing is requested.
All hearings provided for in this article shall be held at such time and place as shall be
designated in a notice which shall be given in writing by registered or certified mail to
such rating organization and insurer, or the officers and agents and representatives thereof,
which may be affected thereby, at least 30 days before the date designated therein, which
notice shall state the subject of the order. At the conclusion of such hearing, or within
30 days thereafter, the commissioner shall make such order, or orders, as he may deem necessary
in accordance with his findings. (Acts 1945, No. 133, p. 145, §22; Acts 1971, No. 407, p.
707, §305.)...
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27-21A-27
Section 27-21A-27 Acquisition of control of or merger of a health maintenance organization.
No person may make a tender for or a request or invitation for tenders of, or enter into an
agreement to exchange securities for or acquire in the open market or otherwise, any voting
security of a health maintenance organization or enter into any other agreement if, after
the consummation thereof, that person would, directly or indirectly, (or by conversion or
by exercise of any right to acquire) be in control of the health maintenance organization,
and no person may enter into an agreement to merge or consolidate with or otherwise to acquire
control of a health maintenance organization, unless at the time any offer, request, or invitation
is made or any agreement is entered into, or prior to the acquisition of the securities if
no offer or agreement is involved, the person has filed with the commissioner and has sent
to the health maintenance organization, information required by Section...
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