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27-30-24
Section 27-30-24 Examinations by commissioner. The commissioner shall, at least once every
three years and oftener whenever he deems it prudent to do so, examine each mutual aid association
doing business in this state. Except as to frequency of examination, such examinations and
the association shall be subject to the provisions of Chapter 2 of this title as applicable
to similar examinations of other insurers. (Acts 1935, No. 114, p. 165; Acts 1971, No. 407,
p. 707, ยง581.)...
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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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27-2B-9
Section 27-2B-9 Confidentiality of reports and plans; information sharing agreements; publication
of RBC levels prohibited; use of reports and plans by commissioner. (a) All RBC reports, to
the extent the information therein is not required to be set forth in a publicly available
annual statement schedule, and RBC plans, including the results or report of any examination
or analysis of an insurer performed pursuant hereto and any corrective order issued by the
commissioner pursuant to examination or analysis, with respect to any domestic insurer or
foreign insurer which are filed with the commissioner constitute information that may be damaging
to the insurer if made available to its competitors and therefore shall be kept confidential
by the commissioner. This information shall not be made public or be subject to subpoena,
other than by the commissioner, and then only for the purpose of enforcement actions taken
by the commissioner pursuant to this chapter or any other provision of...
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27-21A-12
Section 27-21A-12 Protection against insolvency. (a) Unless otherwise provided below, each
health maintenance organization shall deposit with the commissioner, or with any organization
or trustee acceptable to him through which a custodial or controlled account is utilized,
cash, securities, or any combination of these or other measures acceptable to him in the amount
set forth in this section. (b) The amount for an organization that is beginning operation
shall be the greater of: (1) five percent of its estimated expenditures for health care services
for its first year of operation, (2) twice its estimated average monthly uncovered expenditures
for its first year of operation, or (3) $100,000. At the beginning of each succeeding year,
unless not applicable, the organization shall deposit with the commissioner, or organization,
or trustee, cash, securities, or any combination of these or other measures acceptable to
the commissioner, in an amount equal to four percent of its estimated...
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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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27-3-21
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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27-13-28
Section 27-13-28 Annual statistical reports of insurers. Every insurer shall file annually,
on or before July 1, with the rating organization of which it is a member or subscriber, or
with such other common agency representing a group of insurers as the department may approve,
and with the department a statistical report showing a classification schedule of its premiums
and its losses on all kinds of insurance to which this article is applicable, together with
such other information as the department may deem necessary for the proper determination of
the reasonableness and adequacy of rates. Such statistical report filed with the rating organization
may be consolidated and filed by such common agency. Such data shall be kept and reports made
in such manner and on such forms as may be prescribed by the commissioner. All such annual
filings with the department shall be kept under lock and key, and any official or employee
of the department who shall divulge the contents or permit the...
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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups chartered
and licensed in states other than this state and seeking to do business as a risk retention
group in this state shall comply with the laws of this state as follows: (1) NOTICE OF OPERATIONS
AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this state, a risk
retention group shall submit to the commissioner both of the following: 1. A statement identifying
the state or states in which the risk retention group is chartered and licensed as a liability
insurance company, charter date, its principal place of business, and other information, including
information on its membership, as the commissioner of this state may require to verify that
the risk retention group is qualified pursuant to subdivision (11) of Section 27-31A-2. 2.
A copy of its plan of operations or feasibility study and revisions of the plan or study submitted
to the state in which the risk retention...
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27-34-5
Section 27-34-5 Applicability of chapter - Exceptions. (a) Nothing contained in this chapter
shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of societies,
orders, or associations now doing business in this state which provide benefits exclusively
through local or subordinate lodges; (2) Grand or subordinate lodges of societies, orders,
or associations now doing business in this state which provide for a death benefit of not
more than one thousand dollars ($1,000) to any one person, provided that no commission or
other direct compensation is paid with respect to the sale of such death benefit contracts;
(3) Orders, societies, or associations which admit to membership only persons engaged in one
or more crafts or hazardous occupations, in the same or similar lines of business, and the
ladies' societies or ladies' auxiliaries to such orders, societies, or associations; (4) Domestic
societies which limit their membership to employees of a particular city or...
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27-21A-2
Section 27-21A-2 Establishment of health maintenance organizations. (a) Notwithstanding any
law of this state to the contrary, any person may apply to the commissioner for and obtain
a certificate of authority to establish and operate a health maintenance organization in compliance
with this chapter. No person shall establish or operate a health maintenance organization
in this state without obtaining a certificate of authority under this chapter. A foreign corporation
may qualify under this chapter, subject to its registration to do business in this state as
a foreign corporation under the provisions of Sections 10-2A-220, et seq. (b) Health maintenance
organizations licensed as of May 29, 1986, shall be issued a certificate of authority in accordance
with Section 27-21A-29. (c) Each application for a certificate of authority shall be verified
by an officer or authorized representative of the applicant, shall be in a form prescribed
by the commissioner, and shall set forth or be...
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