27-2-21
Section 27-2-21 Examinations - Affairs, etc., of insurers and surplus line brokers. (a) For
the purpose of determining its financial condition, ability to fulfill its obligations and
compliance with the law, the commissioner shall examine the affairs, transactions, accounts,
records, and assets of each authorized insurer, and the records of surplus line brokers restricted
to those matters under Section 27-10-29, including the attorney-in-fact of a reciprocal insurer
insofar as insurer transactions are involved as often as the commissioner deems appropriate
but shall, at a minimum, conduct an examination of every insurer licensed in this state not
less frequently than once every five years. In scheduling and determining the nature, scope,
and frequency of the examinations, the commissioner shall consider such matters as the results
of financial statement analyses and ratios, changes in management or ownership, actuarial
opinions, reports of independent certified public accountants, and...
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27-25-9
Section 27-25-9 Violations; enforcement of chapter; penalties. (a) Each individual transaction
which is in violation of this chapter or which does not otherwise conform to the requirements
of this chapter shall be considered a violation. (b) This chapter shall be enforceable only
by the commissioner and does not create any private cause of action or other private legal
recourse. (c) The commissioner may, in his or her discretion and upon good cause shown, revoke
the certificate of authority of a title agent, revoke the license issued to a title insurer,
or impose a fine in an amount not to exceed five hundred dollars ($500) for each violation
of this chapter or of any rule or regulation promulgated under this chapter. No title insurer
shall pay, directly or indirectly, any portion of a fine imposed on any agent of the title
insurer. In addition, the commissioner may impose a fine in an amount not to exceed five thousand
dollars ($5,000) per violation upon a finding that an agent or an...
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27-27-49
Section 27-27-49 Distribution of assets upon liquidation of domestic mutual insurer. (a) Upon
any liquidation of a domestic mutual insurer, its assets remaining after discharge of its
indebtedness, policy obligations, repayment of contributed or borrowed surplus, if any, and
expenses of administration shall be distributed to existing persons who were its members at
any time within 36 months next preceding the date such liquidation was authorized or ordered
or date of last termination of the insurer's certificate of authority, whichever date is the
earlier; except, that if the commissioner has reason to believe that those in charge of the
management of the insurer have caused or encouraged the reduction of the number of members
of the insurer in anticipation of liquidation and for the purpose of reducing thereby the
number of persons who may be entitled to share in distribution of the insurer's assets, he
may enlarge the 36-month qualification period provided for in this subsection by...
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27-29-4
Section 27-29-4 Registration of insurers. (a)(1) Every insurer which is authorized to do business
in this state and which is a member of an insurance holding company system shall register
with the commissioner, except a foreign insurer subject to registration requirements and standards
adopted by statute or regulation in the jurisdiction of its domicile which are substantially
similar to those contained in this section and both of the following: a. Subdivision (1) of
subsection (a) of Section 27-29-5, and subsections (b) and (d) of Section 27-29-5. b. Either
subdivision (2) of subsection (a) of Section 27-29-5 or a provision such as the following:
Each registered insurer shall keep current the information required to be disclosed in its
registration statement by reporting all material changes or additions within 15 days after
the end of the month in which it learns of each change or addition. (2) Any insurer which
is subject to registration under this section shall register within 15...
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27-41-40
Section 27-41-40 Effect of failure to dispose of real estate, personal property, securities,
etc., within prescribed period of time. Any real estate, personal property, securities, or
other investment lawfully acquired and held by an insurer shall not be allowed as an admitted
asset of the insurer after expiration of the period for disposal thereof or any extension
of such period granted by the commissioner pursuant to the provisions of Section 27-41-34.
(Acts 1977, No. 408, p. 530, §36.)...
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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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27-10-24
Section 27-10-24 Licensing of surplus line brokers. (a) Any person, while licensed as a resident
insurance producer in this state for the property lines of authority and who is deemed by
the commissioner to have had sufficient experience in the insurance business to be competent
for the purpose may be licensed as a surplus line broker for the types and kinds of insurance
that he or she as a resident producer is licensed to handle as follows: (1) Application to
the commissioner for the license shall be made on forms as designated and furnished by the
commissioner. (2) License fee in the amount stated in Section 27-4-2 shall be paid to the
commissioner. The license shall expire on December 31 next after its issue. (3) Prior to the
issuance of the license, the applicant shall file with the commissioner, and thereafter for
as long as any license remains in effect he or she shall keep in force and unimpaired, a bond
in favor of the State of Alabama in the penal sum of at least fifty...
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27-21A-23
Section 27-21A-23 Statutory construction and relationship to other laws. (a) Except as otherwise
provided in this chapter, provisions of the insurance law and provisions of health care service
plan laws shall not be applicable to any health maintenance organization granted a certificate
of authority under this chapter. This provision shall not apply to an insurer or health care
service plan licensed and regulated pursuant to the insurance law or the health care service
plan laws of this state except with respect to its health maintenance organization activities
authorized and regulated pursuant to this chapter. (b) Solicitation of enrollees by a health
maintenance organization granted a certificate of authority shall not be construed to violate
any provision of law relating to solicitation or advertising by health professionals. (c)
Any health maintenance organization authorized under this chapter shall not be deemed to be
practicing medicine and shall be exempt from the provisions of...
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27-27-17
Section 27-27-17 Domestic mutual insurers - Solicitation of qualifying applications for insurance.
(a) Upon receipt of the commissioner's approval of the bond or deposit as provided in Section
27-27-16 the directors and officers of the proposed domestic mutual insurer may commence solicitation
of such requisite applications for insurance policies as they may accept and may receive deposits
of premiums thereon. (b) All such applications shall be in writing signed by the applicant,
covering subjects of insurance resident, located or to be performed in this state. (c) All
such applications shall provide that: (1) Issuance of the policy is contingent upon the insurer
qualifying for and receiving a certificate of authority; (2) No insurance is in effect unless
and until the certificate of authority has been issued; and (3) The prepaid premium or deposit
and membership or policy fee, if any, shall be refunded in full to the applicant if organization
is not completed and the certificate of...
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27-27-39
Section 27-27-39 Dividends - Liability for illegal dividends by domestic insurers. (a) Any
director of a domestic stock or mutual insurer who knowingly votes for, or concurs in, declaration
or payment of a dividend to stockholders or members except as authorized in Sections 27-27-37
or 27-27-38 shall, upon conviction thereof, be guilty of a misdemeanor and shall be jointly
and severally liable, together with other such directors likewise voting for or concurring,
for any loss thereby sustained by the insurer. (b) Any stockholder receiving such an illegal
dividend shall be liable in the amount thereof to the insurer. (c) The commissioner may revoke
or suspend the certificate of authority of an insurer which has declared or paid such an illegal
dividend. (Acts 1971, No. 407, p. 707, §535.)...
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