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27-28-4
Section 27-28-4 Effect of chapter on powers of commissioner and authority to engage
in insurance business. Nothing contained in this chapter shall affect the power of the commissioner
to regulate, supervise, and control insurance companies pursuant to the laws of the State
of Alabama governing such companies, nor shall anything in this chapter be construed to authorize
any insurance company to engage in any kind, or kinds, of insurance business not authorized
by its charter or to authorize any holding company which is not an insurance corporation to
engage directly in the business of insurance. Subsequent to the effective date of any plan
of exchange, the commissioner, having due regard to the findings stated in subdivision (2)
of Section 27-28-2, shall have authority to require that the affairs of the domestic
company be conducted in such manner as to assure the continued safe conduct and transaction
of the business of insurance of the domestic company. (Acts 1971, No. 1449, p. 2472.)...
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16-17A-8
Section 16-17A-8 Powers of authority. (a) An authority shall have and may exercise any
power granted nonprofit corporations under Title 10A, together with all powers incidental
thereto or necessary or desirable to the discharge thereof, including, without limitation,
the following specific powers: (1) To adopt, maintain, and amend bylaws and a corporate seal.
(2) To sue and, subject to the limitations herein, be sued; provided, however, that no authority
entitled to sovereign immunity shall be denied such immunity. (3) To acquire, construct, equip,
and operate those health care facilities it considers necessary or desirable. (4) To enter
into contracts and agreements, borrow money, incur indebtedness, and issue bonds, notes, debt
securities, or any other evidence of indebtedness. (5) To pledge the general credit of the
authority or any revenues or income of the authority to repayment of any of its indebtedness.
(6) To mortgage or pledge its health care facilities or its other assets or...
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27-17A-11
Section 27-17A-11 Application for certificate; statements; issuance; expiration; transfer.
(a) An application to the commissioner for a certificate of authority shall be accompanied
by the statement and other matters described in this section in the form prescribed
by the commissioner. Annually thereafter, within six months after the end of its fiscal period,
or within an extension of time therefor, as the commissioner for good cause may grant, the
person authorized to engage in the sale of preneed contracts shall file with the commissioner
a full and true statement of his or her financial condition, transactions, and affairs, prepared
on a basis as adopted by a rule of the commissioner, as of the preceding fiscal period or
at such other time or times as the commissioner may provide by rule, together with information
and data which may be required by the commissioner. (b) The statement shall include all of
the following: (1) The types of preneed contracts proposed to be written and the...
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5-13B-41
Section 5-13B-41 Definitions. For purposes of this article: (a) The term "bank"
means any bank as defined in: Section 2(c) of the Bank Holding Company Act (12 U.S.C.
§1841(c)); Section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. §1813(a)(1)),
other than a branch of a foreign bank; or, as the context may require, in Chapter 5A, Title
5. The term "bank" as used in this article shall not in any event include a foreign
bank or a branch or agency of a foreign bank. (b) The term "foreign bank" means
any company organized under the laws of a foreign country, a territory of the United States,
Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business
of banking. The term includes foreign commercial banks, foreign merchant banks, and other
foreign institutions that engage in banking activities usual in connection with the business
of banking in the countries where such foreign institutions are organized or operating. (c)
The term "out-of-state...
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27-29-5
Section 27-29-5 Transactions of insurers with affiliates; adequacy of surplus; dividends
and other distributions. (a) Transactions within an insurance holding company system to which
an insurer subject to registration is a party shall be subject to all of the following standards:
(1) The terms shall be fair and reasonable. (2) Agreements for cost sharing services and management
shall include such provisions as required by rule and regulation issued by the commissioner.
(3) Charges or fees for services performed shall be reasonable. (4) Expenses incurred and
payment received shall be allocated to the insurer in conformity with customary insurance
accounting practices consistently applied. (5) The books, accounts, and records of each party
to all such transactions shall be so maintained as to clearly and accurately disclose the
nature and details of the transactions including such accounting information as is necessary
to support the reasonableness of the charges or fees to the...
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27-4A-2
Section 27-4A-2 Definitions. For the purposes of this chapter only, the following terms,
unless the context clearly indicates otherwise, shall have the meanings: (1) ANNUITY CONSIDERATIONS.
All sums received as consideration for annuity contracts. (2) COMMISSIONER. The Commissioner
of Insurance of the State of Alabama. (3) DEPARTMENT. The Department of Insurance of the State
of Alabama. (4) DOMESTIC INSURER. Any insurer organized under the laws of the State of Alabama
which maintains its principal office and chief place of business in the State of Alabama.
(5) FOREIGN INSURER. Any insurer organized under the laws of any country or of any state of
the United States other than the State of Alabama and any insurer organized under the laws
of Alabama which maintains its principal office or chief place of business outside the State
of Alabama. (6) INSURER. Every insurer as defined in Section 27-1-2, and every other
insurance company or association charging a premium for contracts entered...
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27-31A-2
Section 27-31A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
COMMISSIONER. The Insurance Commissioner of this state or the commissioner, director, or superintendent
of insurance in any other state. (2) COMPLETED OPERATIONS LIABILITY. Liability arising out
of the installation, maintenance, or repair of any product at a site which is not owned or
controlled by either of the following: a. Any person who performs that work. b. Any person
who hires an independent contractor to perform that work, but shall include liability for
activities which are completed or abandoned before the date of the occurrence giving rise
to the liability. (3) DOMICILE. For purposes of determining the state in which a purchasing
group is domiciled: a. For a corporation, the state in which the purchasing group is incorporated.
b. For an unincorporated entity, the state of its principal place of...
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27-31B-2
Section 27-31B-2 Definitions. As used in this chapter, the following terms shall have
the following meanings, unless the context clearly indicates otherwise: (1) AFFILIATED COMPANY.
Any company in the same corporate system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management. (2) ALIEN CAPTIVE INSURANCE
COMPANY. Any insurance company formed to write insurance business for its parents and affiliates
and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory
standards in a form acceptable to the commissioner on companies transacting the business of
insurance in that jurisdiction. (3) ASSOCIATION. Any legal association of individuals, corporations,
limited liability companies, partnerships, associations, or other entities whereby either
of the following exists: a. The member organizations of which, or the association itself,
whether or not in conjunction with some or all of the...
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27-39-2
Section 27-39-2 Applicability of chapter. This chapter shall be deemed and held exclusive
authority for the organization and operation of automobile clubs and associations within this
state, and such clubs and associations shall not be subject to any other laws respecting insurance
companies of any class, kind, or character except as to the conduct of hearings by the commissioner
and appeals therefrom; provided, however, that this chapter shall not affect the validity
of any membership certificate of any automobile club or association issued and outstanding
prior to January 1, 1972. Notwithstanding the aforementioned, nothing in this chapter shall
be construed as authority for a licensed automobile club or association to provide or furnish
insurance coverage unless such clubs shall have complied with all the laws and regulations
required of insurance companies authorized to do business in this state. (Acts 1971, No. 407,
p. 707, §805.)...
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27-5A-2
Section 27-5A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ACTUARY. A person who is a member in good standing of the American Academy of Actuaries. (2)
COMMISSIONER. The Alabama Commissioner of Insurance. (3) CONTROLLING PERSON. Any person, firm,
association, or corporation who directly or indirectly has the power to direct or cause to
be directed, the management, control, or activities of the reinsurance intermediary. (4) INSURER.
Any person, firm, association, or corporation duly licensed in this state pursuant to the
applicable provisions of the insurance law as an insurer. (5) LICENSED PRODUCER. An insurance
producer or reinsurance intermediary licensed pursuant to the applicable provision of the
insurance law. (6) QUALIFIED U.S. FINANCIAL INSTITUTION. An institution that: a. Is organized
or, in the case of a U.S. office of a foreign banking organization, licensed,...
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