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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27-3-11
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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27-3-21
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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27-3-20
Section 27-3-20 Suspension or revocation of certificates - Mandatory grounds; notice and hearing.
(a) The commissioner shall suspend or revoke an insurer's certificate of authority: (1) If
such action is required by any provision of this title; (2) If the insurer no longer meets
the requirements for the authority originally granted on account of deficiency of assets or
otherwise; or (3) If the insurer's authority to transact insurance is suspended or revoked
by its state of domicile or state of entry into the United States if an alien insurer. (b)
Except in cases of insolvency or impairment of required capital or surplus or suspension or
revocation by another state as referred to in subdivision (a) (3) of this section, the commissioner
shall give the insurer at least 10 days' notice in advance of any such suspension or revocation
under this section and of the particulars of the reasons therefor. If the insurer requests
a hearing thereon within such 10 days, such request shall...
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27-3-22
Section 27-3-22 Suspension or revocation of certificates - Order and notices. (a) Suspension
or revocation of an insurer's certificate of authority shall be by the commissioner's order
given to the insurer as provided by Section 27-2-18. The commissioner shall promptly also
give notice of such suspension or revocation to the insurer's agents in this state of record
in the commissioner's office. The insurer shall not solicit or write any new coverages in
this state during the period of any such suspension or revocation. (b) In his discretion,
the commissioner may cause notice of any such revocation to be published in one or more newspapers
of general circulation published in this state. (c) Upon revocation or suspension of the certificate
of authority of a surety insurer, the commissioner shall so notify each officer in this state
authorized to approve official bonds by circular letter stating the grounds of such suspension
or revocation. (Acts 1971, No. 407, p. 707, §67.)...
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27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against or by
same. The failure of an insurer to obtain a license or certificate of authority shall not
impair the validity of any act or contract of such insurer and shall not prevent such insurer,
its assigns or successors in interest, from defending any action in any court of this state;
but no insurer transacting insurance business in this state without a license or certificate
of authority shall be permitted to maintain an action in any court of this state to enforce
any right, claim, or demand arising out of the transaction of such business until such company,
its assigns or successors in interest shall have: (1) Obtained a license or certificate of
authority; or (2) Deposited with the clerk of the court in which such action or proceeding
is pending cash or securities or file with such clerk a bond with good and sufficient sureties,
to be approved by the court, in an amount to be fixed by the court...
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27-2-33
Section 27-2-33 Order of supervision - Authority of commissioner; reasons for issuance. The
Commissioner of Insurance is empowered to place an insurance company under supervision, after
a hearing thereon, by appropriate order, for the following reasons: (1) When an insurance
company has been notified under the provisions of Section 27-27-41 of impairment or deficiency
of assets and given 60 days to make good the impairment; (2) A determination by the commissioner
that an insurer is impaired or insolvent; (3) A determination by the commissioner that an
insurer's condition is such as to render the continuation of its business hazardous to its
policyholders following an examination of the operations and financial condition of an insurer
by the commissioner; (4) Any of the grounds for rehabilitation or liquidation of domestic
insurers set forth in Sections 27-32-6 and 27-32-7. (Acts 1975, No. 217, p. 742, §1; Acts
1977, No. 409, p. 547, §1.)...
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27-27-16
Section 27-27-16 Domestic mutual insurers - Bond or deposit in lieu thereof. (a) Before soliciting
any applications for insurance required under Section 27-27-15, as qualification for the original
certificate of authority, the incorporators of the proposed mutual insurer shall file with
the commissioner a corporate surety bond in the penalty of $15,000.00 in favor of the State
of Alabama and for the use and benefit of the state and of applicant members and creditors
of the corporation. The bond shall be conditioned as follows: (1) Upon payment of any loss
suffered by applicants who have cancelled or lapsed existing insurance policies due to misrepresentation
by the incorporators or by persons soliciting such applications under authorization by the
corporation, to the effect that the making of such application for insurance and prepayment
of premiums in such proposed insurer provides insurance protection prior to issuance of a
certificate of authority to such insurer by the...
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27-3-24
Section 27-3-24 Service of process on insurers - Appointment of commissioner as agent. (a)
Each insurer applying for a certificate of authority to transact business in this state shall
file with the commissioner an appointment of the commissioner and his successors in office,
on a form as furnished by the commissioner, as its attorney upon whom may be served all lawful
process in any action or proceeding against it in this state and therein shall agree that
any such process served upon such attorney shall be of the same force and validity as if served
on the insurer. The appointment shall be irrevocable, shall bind the insurer and any successor
in interest or to the assets or liabilities of the insurer and shall remain in effect as long
as there is outstanding in this state any obligation or liability of the insurer resulting
from its transactions therein. (b) At the time of such appointment of the commissioner as
its process agent, the insurer shall file with the commissioner...
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27-39-6
Section 27-39-6 Application for certificate of authority; annual license fee; issuance of license.
(a) Within 30 days after January 1, 1972, every automobile club or association organized and/or
operating in the State of Alabama shall file with the commissioner an application for a certificate
of authority to continue said operations within the state, and every automobile club or association
desiring to commence operations within the state shall, prior to the commencement of said
operation, file application with and receive a certificate of authority from the commissioner.
No certificate of authority shall be issued until the automobile club or association has paid
to the commissioner $250.00 as an annual license fee, which fee shall not be returnable. Licenses
shall be issued for the period beginning January 1 of each year and shall expire on the following
December 31. The commissioner shall deposit all fees collected in the State Treasury to the
credit of the General Fund. (b) The...
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