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27-3-1
Section 27-3-1 Certificate of authority - Requirement. (a) No person shall act as an insurer
and no insurer shall transact insurance in this state unless so authorized by a subsisting
certificate of authority issued to it by the commissioner, except as to such transactions
as are expressly otherwise provided for in this title. (b) No insurer shall from offices or
by personnel or facilities located in this state solicit insurance applications or otherwise
transact insurance in another state or country unless it holds a subsisting certificate of
authority issued to it by the commissioner authorizing it to transact the same kind or kinds
of insurance in this state. (Acts 1971, No. 407, p. 707, §48.)...
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27-11-2
Section 27-11-2 Prohibition against transaction of insurance business, etc., in state without
license; exceptions. It shall be unlawful for any insurer to transact the business of insurance
in this state or to enter into a contract for insurance in this state without first obtaining
a license or certificate of authority from the commissioner. This unauthorized insurers law
shall not apply to: (1) Contracts of insurance procured pursuant to the surplus line insurance
law; (2) Transactions in this state involving contracts of insurance lawfully entered into,
written and the policy delivered outside of this state covering subjects of insurance not
resident, located or expressly to be performed in this state at the time of issuance and transactions
subsequent to the making of such contract and the issuance of such policy; (3) Reinsurance
contracts; (4) Transactions in this state involving group or blanket insurance and group annuities
where the master policy or contract was lawfully issued...
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27-1-2
Section 27-1-2 Definitions. For the purposes of this title, the following terms shall have
the meanings respectively ascribed to them by this section. (1) INSURANCE. A contract whereby
one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable
contingencies. (2) INSURER. Every person engaged as indemnitor, surety, or contractor in the
business of entering into contracts of insurance. (3) PERSON. An individual, insurer, company,
association, organization, Lloyd's insurer, society, reciprocal insurer or interinsurance
exchange, partnership, syndicate, business trust, corporation, and every legal entity. (4)
COMMISSIONER. The Commissioner of Insurance of this state. (5) DEPARTMENT. The Department
of Insurance of this state. (6) DOMESTIC INSURER. One formed under the laws of this state.
(7) FOREIGN INSURER. One formed under the laws of any jurisdiction other than this state.
Except where distinguished by context, "foreign" insurers includes also...
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27-3-5
Section 27-3-5 Authority to transact insurance - Use of name by insurer. (a) No insurer shall
be authorized to transact insurance which has or uses a name so similar to that of another
insurer already so authorized as likely to mislead the public. (b) No life insurer shall be
so authorized which has or uses a name deceptively similar to that of another insurer authorized
to transact insurance in this state within the preceding 10 years if life insurance policies
originally issued by such other insurer are still outstanding in this state. (c) No insurer
shall be so authorized which has or uses a name which tends to deceive or mislead as to the
type of organization of the insurer. (d) In case of conflict of names hereafter between two
insurers, or a conflict otherwise prohibited under the foregoing subsections of this section,
the commissioner may permit or require, as a condition to the issuance of an original certificate
of authority to an applicant insurer, that such insurer shall use...
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22-21-361
Section 22-21-361 Definitions. The following terms shall have the meanings respectively ascribed
by this section unless the context clearly indicates otherwise: (1) COMMISSIONER. The commissioner
of insurance of this state. (2) DENTAL SERVICE PLAN or PLAN. Any plan or other arrangement
whereby dental services are provided in whole or in part through a dental service corporation
by dentists participating in the plan to provide dental services to those members of the public
who become subscribers to the plan under a contract with such corporation. The terms "dental
service plan" or "plan" do not include an insurer authorized by the insurance
department to transact insurance in this state or to a nonprofit health insurance plan organized
pursuant to Section 10-4-100, or to any policy of insurance or contract which includes dental
benefits issued by such insurer or nonprofit health insurance plan. (3) DEPARTMENT. The Department
of Insurance. (4) LICENSE. The certificate of authority issued...
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27-10-1
Section 27-10-1 Representing or aiding unauthorized insurer not allowed; exceptions; validity
of contracts. (a) No person shall in this state, directly or indirectly, act as agent for,
or otherwise represent or aid on behalf of another, any insurer not then authorized to transact
such insurance in this state in the solicitation, negotiation, or effectuation of insurance
or annuity contracts, forwarding of applications, delivery of policies or contracts, inspection
of risks, fixing of rates, investigation or adjustment of losses, collection of premiums,
or in any other manner in the transaction of insurance with respect to subjects of insurance
resident, located or to be performed in this state. (b) This section shall not apply to: (1)
Acceptance of service of process by the commissioner under Section 27-10-52; (2) Surplus lines
insurance or coverage specified in Section 27-10-34 and other transactions as to which a certificate
of authority is not required of an insurer; (3) Adjustment...
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27-44-5
territories, or protectorates that do not have an association similar to the association created
by this chapter, shall be deemed residents of the state of domicile of the insurer that issued
the policies or contracts. (19) STATE. A state, the District of Columbia, Puerto Rico, and
a United States possession, territory, or protectorate. (20) STRUCTURED SETTLEMENT ANNUITY.
An annuity purchased in order to fund periodic payments for a plaintiff or other claimant
in payment for or with respect to personal injury suffered by the plaintiff
or other claimant. (21) SUPPLEMENTAL CONTRACT. A written agreement entered into for the distribution
of proceeds under a life, disability, or annuity policy or contract. (22) UNALLOCATED ANNUITY
CONTRACT. An annuity contract or group annuity certificate which is not issued to and owned
by an individual, except to the extent of any annuity benefits guaranteed to an individual
by an insurer under the contract or certificate. (Acts 1982, No. 82-561, p. 922,...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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27-3-4
thorough investigation, to be incompetent or untrustworthy, or so lacking in insurance company
managerial experience as to make the proposed operation hazardous to the insurance-buying
public or which, after thorough examination or investigation, he has good reason to believe
is affiliated directly or indirectly through ownership, control, reinsurance transactions,
or other insurance or business relations with any person, or persons, whose business operations
are, or have been, marked to the injury of insurers, stockholders, policyholders, creditors,
or the public by manipulation of assets, of accounts or of reinsurance or by bad faith; (4)
No insurer the voting control of which is held, in whole or substantial part, by any government
or governmental agency shall be authorized to transact insurance in this state. Membership
in a mutual insurer or subscribership in a reciprocal insurer shall not be deemed to be either
an ownership or control of the insurer for the purposes of this...
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27-11-5
at the time of the pendency of an action involving the transacting of the business of insurance
or the act or occurrence complained of, shall be deemed to be an unauthorized insurer within
the meaning of this chapter, and service of process under such circumstances may be had as
provided in this section. (b) Service of summons when obtained upon any such insurer as provided
in subsection (a) of this section for the service of process shall be deemed sufficient service
of summons and process to give to the Circuit Court of Montgomery County, Alabama, jurisdiction
over the cause of action and over such insurer and shall warrant and authorize personal
judgment against such defendant, or defendants, in the event that the plaintiff prevails in
the action. There shall be paid to the Secretary of State for services under this section
fees as may be provided for service of process on nonresidents doing business or performing
work or service in this state. (Acts 1971, No. 407, p. 707, §224.)...
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