Code of Alabama

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27-7-28
Section 27-7-28 Nonresident agents or brokers - License generally. (a) Unless denied licensure
pursuant to Section 27-7-19, a nonresident person shall receive a nonresident producer license
if all of the following are satisfied: (1) The person has submitted or transmitted to the
commissioner a copy of the application for licensure that the person submitted to his or her
home state or, in lieu of the same, a completed Uniform Application. (2) The person has submitted
the proper request for licensure and has paid the fees required under Section 27-4-2. (3)
The person's home state awards nonresident producer licenses to residents of this state on
the same basis. (4) The person is currently licensed as a resident producer and is in good
standing in the state of his or her residence. (b) The commissioner may verify the producer's
licensing status through the database maintained by the NAIC, its affiliates or subsidiaries.
(c) A nonresident producer who moves from one state to another state...
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27-9A-5
Section 27-9A-5 Registration of emergency independent adjusters. (a) In the event of a state
of emergency, a person who is otherwise qualified to adjust claims, but is not already licensed
as an independent adjuster in this state, may act as an emergency independent adjuster and
adjust claims for an insurer in this state in accordance with this section. (b) The insurer
shall file with the commissioner a registration of each individual that will act as an emergency
independent adjuster on behalf of the insurer within five days of deployment to adjust claims
arising from the state of emergency. (c) The registration shall be in a format prescribed
by the commissioner and shall provide the following information: (1) Name of the individual.
(2) Social Security number of the individual. (3) Name of insurer the independent adjuster
will represent. (4) Effective date of the contract between the insurer and independent adjuster.
(5) Catastrophe or loss control number. (6) Catastrophe event...
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39-2-6
Section 39-2-6 Award of contract; additional competitive bids; work done by force account;
availability of plans, etc.; use of convict labor; assignment of contract; agreements, etc.,
among bidders; advance disclosure; life cycle costs. (a) The contract shall be awarded to
the lowest responsible and responsive bidder, unless the awarding authority finds that all
the bids are unreasonable or that it is not to the interest of the awarding authority to accept
any of the bids. A responsible bidder is one who, among other qualities determined necessary
for performance, is competent, experienced, and financially able to perform the contract.
A responsive bidder is one who submits a bid that complies with the terms and conditions of
the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness.
The bidder to whom the award is made shall be notified by telegram, confirmed facsimile, or
letter at the earliest possible date. If the successful bidder fails or refuses to...
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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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27-36A-15
Section 27-36A-15 Valuation manual for policies issued on or after the operative date of the
valuation manual. (a) For policies issued on or after the operative date of the valuation
manual, the standard prescribed in the valuation manual is the minimum standard of valuation
required under subsection (b) of Section 27-36A-3, except as provided under subsection (e)
or (g) of this section, Section 27-36A-19, or Section 27-36A-20. (b) The operative date of
the valuation manual is January 1 of the first calendar year following the first July 1 as
of which all of the following have occurred: (1) The valuation manual has been adopted by
the NAIC by an affirmative vote of at least 42 members, or three-fourths of the members voting,
whichever is greater. (2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation
including substantially similar terms and provisions, has been enacted by states representing
greater than 75 percent of the direct premiums written as reported in...
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27-42-10
Section 27-42-10 Duties and powers of the commissioner; judicial review. (a) The commissioner
shall: (1) Notify the association of the existence of an insolvent insurer not later than
three days after he receives notice of determination of the insolvency. The association shall
be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency
against a member company at the time that such complaint is filed with a court of competent
jurisdiction. (2) Upon request of the board of directors, provide the association with a statement
of the net direct written premiums of each member insurer. (b) The commissioner may: (1) Require
that the association notify the insureds of the insolvent insurer and any other interested
parties of the determination of insolvency and of their rights under this chapter. Such notification
shall be by mail at their last known address, where available, but if sufficient information
for notification by mail is not available, notice...
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27-6A-5
Section 27-6A-5 Duties of insurer. Insurers shall have the following duties: (1) The insurer
shall have on file an independent financial examination, in a form acceptable to the commissioner,
of each managing general agent with which it has done business. (2) If a managing general
agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for losses incurred and outstanding
on business produced by the managing general agent. This is in addition to any other required
loss reserve certification. (3) The insurer shall periodically, and at least semi-annually,
conduct an onsite review of the underwriting and claims processing operations of the managing
general agent. (4) Binding authority for all reinsurance contracts or participation in insurance
or reinsurance syndicate shall rest with an officer of the insurer, who shall not be affiliated
with the managing general agent. (5) Within 30 days of...
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27-7-7
Section 27-7-7 Licenses - Application - Generally; fees. Repealed by Act 2001-702, p. 1509,
ยง 6, effective January 1, 2002. (a) The commissioner shall not issue any license except upon
application therefor as in this chapter provided. Each applicant for a license shall file
annually with the commissioner his written application therefor signed by him and showing:
(1) His name, age and place of residence; (2) The kinds of insurance to be transacted under
the license and the insurer or insurers he proposes so to represent; (3) The person, firm
or corporation by whom he expects to be employed or associated with as such licensee and his
status as an officer or representative thereof; (4) Whether he proposes to write or solicit
insurance of his own risks and interest, or those of his relatives, any firm or corporation
in which he is financially interested or connected, directly or indirectly, or of his employer;
(5) A short business history of the applicant and the name and nature of any...
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27-3-21
Section 27-3-21 Suspension or revocation of certificates - Additional grounds; notice and hearing.
(a) The commissioner may, in his discretion, suspend or revoke an insurer's certificate of
authority if, after a hearing thereon, he finds that the insurer has willfully violated any
material provision of this title other than those for which suspension or revocation is mandatory
or has failed to pay applicable taxes with respect to a preceding calendar year as required
by this title. (b) The commissioner shall, after a hearing thereon, suspend or revoke an insurer's
certificate of authority if he finds that the insurer: (1) Is in unsound condition, or is
in such condition or is using such methods and practices in the conduct of its business as
to render its further transaction of insurance in this state hazardous to its policyholders
or to the public; (2) Has refused to be examined or to produce its accounts, records, and
files for examination or if any of its officers or agents have...
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41-22-2
Section 41-22-2 Legislative intent and purpose; effect on substantive rights; applicability;
rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for
the operation of all state agencies when they take action affecting the rights and duties
of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures
conferring additional rights upon the public; and, save for express provisions of this act
to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute
prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the
following: a. Provide legislative oversight of powers and duties delegated to administrative
agencies. b. Increase public accountability of administrative agencies. c. Simplify government
by assuring a uniform minimum procedure to which all agencies will be...
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