Code of Alabama

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27-31A-5
Section 27-31A-5 Compulsory associations. (a) No risk retention group shall be required or
permitted to join or contribute financially to any insurance insolvency guaranty fund, or
similar mechanism, in this state, nor shall any risk retention group, or its insureds, or
claimants against its insureds, receive any benefit from any fund for claims arising under
the insurance policies issued by that risk retention group. (b) When a purchasing group obtains
insurance covering its members' risks from an insurer, not authorized in this state or a risk
retention group, no risk, wherever resident or located, shall be covered by any insurance
guaranty fund or similar mechanism in this state. (c) When a purchasing group obtains insurance
covering its members' risks from an authorized insurer, only risks resident or located in
this state shall be covered by the Alabama Insurance Guaranty Association, subject to Chapter
42 (commencing with Section 27-42-1), Title 27. (d) Notwithstanding Article 2...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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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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27-31A-2
investment policies, and reinsurance agreements. g. Identification of each state in which the
risk retention group has obtained, or sought to obtain, a charter and license, and a description
of its status in each state. h. Other matters as may be prescribed by the Commissioner of
Insurance, or like official, in which the risk retention group is chartered for liability
insurance companies authorized by the insurance laws of that state. (9) PRODUCT LIABILITY.
Liability for damages because of any personal injury, death, emotional harm,
consequential economic damage, or property damage, including damages resulting from the loss
of use of property, arising out of the manufacture, design, importation, distribution, packaging,
labeling, lease, or sale of a product, but does not include the liability of any person for
those damages if the product involved was in the possession of the person when the incident
giving rise to the claim occurred. (10) PURCHASING GROUP. Any group which meets all...
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27-31B-3
(2) No association captive insurance company may insure any risks other than those of the member
organizations of its association, and their affiliated companies. (3) No industrial insured
captive insurance company may insure any risks other than those of the industrial insureds
that comprise the industrial insured group, and their affiliated companies. (4) No risk retention
group may insure any risks other than those of its members and owners. (5) No captive insurance
company may provide personal motor vehicle coverage or any component thereof. Homeowner's
insurance coverage may be written by an Alabama Coastal Captive Insurance Company as defined
in Chapter 31C, but only in the gulf front, beach, and seacoast areas as designated by the
Insurance Services Office, Inc. (6) No captive insurance company may accept or cede reinsurance
except as provided in Section 27-31B-13. (7) Any captive insurance company may provide excess
workers' compensation insurance to its parent and affiliated...
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27-31B-8
Section 27-31B-8 Formation of captive insurance companies in this state. (a) A pure captive
insurance company or a protected cell captive insurance company shall be formed as a stock
or mutual insurer, or as a nonprofit or limited liability company with its capital divided
into units and held by the stockholders, members, or other equivalent as allowed by law. (b)
An association captive insurance company, an industrial insured captive insurance company,
or a risk retention group may be formed in any of the following ways: (1) Organized as a stock
insurer with its capital divided into share units and held by the stockholders, members, or
other equivalent as allowed by law. (2) Organized as a mutual insurer without capital stock,
the governing body of which is elected by the member organizations of its association. (3)
Organized as a reciprocal insurer in accordance with Chapter 31 of this title. (4) Organized
as a manager-managed limited liability company. (c) A captive insurance...
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27-31A-8
Section 27-31A-8 Notice and registration requirements of purchasing groups. (a) A purchasing
group which intends to do business in this state shall, prior to doing business, furnish notice
to the commissioner which shall include all of the following: (1) Identify the state in which
the group is domiciled. (2) Identify all other states in which the group intends to do business.
(3) Specify the lines and classifications of liability insurance which the purchasing group
intends to purchase. (4) Identify the insurance company or companies from which the group
intends to purchase its insurance and the domicile of any company. (5) Specify the method
by which, and the person or persons, if any, through whom insurance will be offered to its
members whose risks are resident or located in this state. (6) Identify the principal place
of business of the group. (7) Provide other information as may be required by the commissioner
to verify that the purchasing group is qualified under subdivision...
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16-8-42.1
Section 16-8-42.1 Authority for risk management cooperative. (a) Definitions. For the purpose
of this section, the following terms shall have the meanings subscribed to them by this section:
(1) RISK MANAGEMENT COOPERATIVE. An entity or entities, to be formed by local boards of education
in any combination of 25 or more for the purpose of pooling resources and funds to jointly
purchase insurance or to self-insure such boards of education, their members and employees,
against risks to which they are exposed. (2) MEMBER BOARDS OF EDUCATION. A city board of education,
county board of education, Department of Youth Services School District, Alabama Institute
for Deaf and Blind, State Board of Education or other public education governing board which
elects to pool its resources and funds with one or more other boards of education for the
purpose of forming a risk management cooperative. (b) Boards of education in any combination
of 25 or more may establish a risk management cooperative for...
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27-62-3
AUTHENTICATION. Authentication through verification of at least two of the following types
of authentication factors: a. Knowledge factors, such as a password. b. Possession factors,
such as a token or text message on a mobile phone. c. Inherence factors, such as a biometric
characteristic. (11) NONPUBLIC INFORMATION. Electronic information that is not publicly available
information and is any of the following: a. Any information concerning a consumer which because
of name, number, personal mark, or other identifier can be used to identify the consumer,
in combination with any one or more of the following data elements: 1. The Social Security
number. 2. The driver's license number or nondriver identification card number. 3. Any financial
account number or a credit or debit card number. 4. Any security code, access code, or password
that would permit access to a consumer's financial account. 5. Biometric records. b. Any information
or data, except age or gender, in any form or...
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27-9A-3
system" means a preprogrammed computer system designed for the collection, data entry,
calculation, and system-generated final resolution of claims which meets all of the following:
1. It shall only be utilized by a licensed independent adjuster, licensed insurance producer,
or by individuals supervised by a licensed independent adjuster or insurance producer pursuant
to this subdivision. 2. It shall comply with all claims payment requirements of the insurance
code. d. For purposes of this subdivision, "portable consumer electronic device"
means a personal, self-contained, easily carried by an individual, battery-operated
electronic communication, viewing, listening, recording, gaming, computing, or global position
device, and other similar devices and their accessories. e. The licensed independent adjuster
or insurance producer who supervises the individuals shall file a report with the commissioner
indicating an intention to operate pursuant to this subdivision. (Act 2011-637, ยง1.)...
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