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27-31B-12
Section 27-31B-12 Legal investments. (a) An association captive insurance company, risk retention
group, and an industrial insured captive insurance company insuring the risks of an industrial
insured group defined in paragraph b. of subdivision (18) of Section 27-31B-2 shall comply
with the investment requirements contained in this title, as applicable; provided, however,
that compliance with these investment requirements shall be waived for risk retention groups
to the extent that credit for risks ceded to reinsurers is allowed pursuant to Section 27-31B-13
or to the extent otherwise deemed reasonable and appropriate by the commissioner. Chapter
37 of this title shall apply to association captives, risk retention groups, and industrial
insured captive insurance companies insuring the risks of industrial insured groups defined
in paragraph b. of subdivision (18) of Section 27-31B-2 except to the extent it is inconsistent
with approved accounting standards in use by the association...
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27-31B-24
Section 27-31B-24 Participants in protected cell captive insurance companies. (a) An association,
corporation, limited liability company, partnership, trust, or other business entity may be
a participant in a protected cell captive insurance company formed or licensed under this
chapter. (b) A sponsor may be a participant in a protected cell captive insurance company.
(c) A participant need not be a shareholder of the protected cell captive insurance company
or an affiliate of the company. (d) A participant shall insure only approved risks through
a protected cell captive insurance company. (Act 2006-509, p. 1153, §1; Act 2016-191, §1.)...
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27-31C-8
Section 27-31C-8 Application notice and acknowledgement. (a) An Alabama Coastal Captive Insurance
Company shall include the following notice on each application form for insurance, as well
as the declaration page of each policy, in no less than fourteen-point bold type: "NOTICE
This policy is issued by a captive insurance company which is not subject to all of the insurance
laws and regulations of the State of Alabama. Insurance solvency guaranty funds are not available
for a captive insurance company." (b) An Alabama Coastal Captive Insurance Company shall
include the following acknowledgement on each application form for insurance, as well as in
each policy, in no less than fourteen-point bold type and directly above the applicant's or
insured's signature: "I have read the notice contained in this application (or policy)
and understand that State of Alabama insurance insolvency guaranty funds are not available
for an Alabama Coastal Captive Insurance Company." (Act 2008-391, p. 742,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-31C-8.htm - 1K - Match Info - Similar pages
27-31B-9
Section 27-31B-9 Reports and statements. (a) Captive insurance companies shall not be required
to make any annual report except as provided in this chapter. (b) Prior to March 1 of each
year, each captive insurance company shall submit to the commissioner a report of its financial
condition, verified by oath of two of its executive officers. Except as provided in Section
27-31B-6, each captive insurance company shall report using statutory accounting principles,
unless the commissioner approves the use of generally accepted accounting principles, with
any useful or necessary modifications or adaptations thereof required or approved or accepted
by the commissioner for the type of insurance and kinds of insurers to be reported upon, and
as supplemented by additional information required by the commissioner. Except as otherwise
provided, each association captive insurance company and each industrial insured captive insurance
company insuring the risks of an industrial insured group...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-31B-9.htm - 3K - Match Info - Similar pages
27-31C-9
Section 27-31C-9 Findings of the commissioner. The commissioner may not issue a license to
an Alabama Coastal Captive Insurance Company unless the commissioner finds that the: (1) Coastal
captive insurance company is capitalized adequately or properly reinsured or both, after giving
due consideration to the business plan, feasibility study, and pro formas, including the level
of risk to be retained by the coastal captive insurance company; (2) Proposed business plan
of the coastal captive insurance company provides for a reasonable and expected successful
operation and is not hazardous to any policyholder; (3) Proposed business plan, including
any contracts or agreements to which the coastal captive insurance company is a party, and
the intended operation of the coastal captive insurance company comply with this chapter and
with any other applicable provisions of this title; and (4) Proposed business plan and intended
operation of the coastal captive insurance company satisfy the...
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27-31B-25
Section 27-31B-25 Incorporation of protected cells. (a) A protected cell of a protected cell
captive insurance company may be formed as an incorporated protected cell. (b) Subject to
the prior written approval of the protected cell captive insurance company and of the commissioner,
an incorporated protected cell shall be entitled to enter into contracts and undertake obligations
in its own name and for its own account. In the case of a contract or obligation to which
the protected cell captive insurance company is not a party, either in its own name and for
its own account or on behalf of a protected cell, the counterparty to the contract or obligation
shall have no right or recourse against the protected cell captive insurance company and its
assets other than against assets properly attributable to the incorporated protected cell
that is a party to the contract or obligation. (c) The certificate of formation of an incorporated
protected cell shall refer to the protected cell captive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-31B-25.htm - 2K - Match Info - Similar pages
27-31B-7
Section 27-31B-7 Dividends. No captive insurance company may pay a dividend out of, or other
distribution with respect to, capital or surplus, in excess of the limitations set forth in
subsection (g) of Section 27-29-5, without the prior approval of the commissioner. Approval
of an ongoing plan for the payment of dividends or other distributions shall be conditioned
upon the retention, at the time of each payment, of capital or surplus in excess of amounts
specified by, or determined in accordance with formulas approved by, the commissioner. (Act
2006-509, p. 1153, §1.)...
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27-31B-22
Section 27-31B-22 Protected cell captive insurance companies. (a) One or more sponsors may
form a protected cell captive insurance company under this chapter. (b) A protected cell captive
insurance company formed or licensed under this chapter may establish and maintain one or
more protected cells to insure risks of one or more participants, subject to all of the following
conditions: (1) Each protected cell shall be accounted for separately on the books and records
of the protected cell captive insurance company to reflect the financial condition and results
of operations of the protected cell, net income or loss, dividends or other distributions
to participants, and other factors as may be provided in the participant contract or required
by the commissioner. (2) The assets of a protected cell shall not be chargeable with liabilities
arising out of any other insurance business the protected cell captive insurance company may
conduct. (3) No sale, exchange, or other transfer of assets...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-31B-22.htm - 4K - Match Info - Similar pages
27-31C-4
Section 27-31C-4 Issuance of license - Requirements. (a)(1) The commissioner may not issue
a license to an Alabama Coastal Captive Insurance Company unless the company possesses and
maintains unimpaired paid-in capital of not less than one million dollars ($1,000,000); however,
in the case of an Alabama Coastal Captive Insurance Company formed as a sponsored captive
insurance company that does not assume any risk, where the risks insured by the protected
cells are homogenous, the commissioner may reduce this amount to an amount not less than five
hundred thousand dollars ($500,000). (2) a. Except for an Alabama Coastal Captive Insurance
Company formed as a sponsored captive insurance company that does not assume any risk, the
capital must be in the form of cash, cash equivalent, or an irrevocable letter of credit issued
by a bank chartered by this state or a member bank of the Federal Reserve System with a branch
office in this state or as approved by the commissioner. b. For an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-31C-4.htm - 3K - Match Info - Similar pages
27-5B-17
Section 27-5B-17 Guaranty association election. Notwithstanding Section 27-5B-16, in the event
that a life and health insurance guaranty association has made the election to succeed to
the rights and obligations of the insolvent insurer under the contract of reinsurance, the
reinsurer's liability to pay covered reinsured claims shall continue under the contract of
reinsurance subject to the payment to the reinsurer of the reinsurance premiums for the coverage.
Payment for the reinsured claims shall only be made by the reinsurer pursuant to the direction
of the guaranty association or its designated successor. Any payment made at the direction
of the guaranty association or its designated successor by the reinsurer shall discharge the
reinsurer of all further liability to any other party for the claim payment. (Act 2013-209,
p. 463, §1.)...
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