27-6A-3
Section 27-6A-3 Licensure requirements. (a) No person, firm, association, or corporation shall
act in the capacity of a managing general agent with respect to risks located in this state
for an insurer licensed in this state unless then licensed in this state as a managing general
agent of the insurer. (b) No person, firm, association, or corporation shall act in the capacity
of a managing general agent representing an insurer domiciled in this state with respect to
risks located outside this state unless then licensed in this state as a managing general
agent of the insurer. Where applicable, the license may be a nonresident license pursuant
to this chapter. (c) The commissioner may require the managing general agent to maintain a
bond in an amount acceptable to the commissioner for the protection of the insurer. (d) The
commissioner may require the managing general agent to maintain an errors and omissions policy.
(Acts 1993, No. 93-675, p. 1240, §4; Act 2001-702, p. 1509, §13.)...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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27-33-13
Section 27-33-13 Trusteed assets - Withdrawal. (a) The trust agreement shall provide, in substance,
that no withdrawals of trusteed assets shall be made by the insurer or permitted by the trustee
without the written authorization or approval of the commissioner in advance thereof except
as follows: (1) Any or all income, earnings, dividends, or interest accumulations of the trusteed
assets may be paid over to the United States manager of the insurer upon request of the insurer
or the manager; (2) For substitution, coincidentally with such withdrawal, of other securities
or assets of value at least equal in amount to those being withdrawn, if such substituted
securities or assets are likewise such as are eligible for investment of the funds of like
domestic insurers and if such withdrawal is requested in writing by the insurer's United States
manager pursuant to general or specific written authority previously given or delegated by
the insurer's board of directors, or other similar...
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27-33-2
Section 27-33-2 Deposit of assets in trust. (a) An alien insurer may use Alabama as a state
of entry to transact insurance in the United States by making and maintaining in this state
a deposit of assets in trust with a solvent bank or trust company approved by the commissioner.
(b) The deposit, together with other trust deposits of the insurer held in the United States
for the same purpose, shall be in amount not less than the deposits required of an alien insurer
under Section 27-3-14 and shall consist of cash and/or securities eligible for the investment
of the funds of like domestic insurers. (c) Such a deposit may be referred to as "trusteed
assets." (Acts 1971, No. 407, p. 707, §657.)...
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27-2-34
Section 27-2-34 Order of supervision - Appointment of supervisor; acts which may be prohibited
during period of supervision. During the period of supervision the commissioner may appoint
a supervisor and may provide that the insurer may not do the following things during the period
of supervision without the prior approval of the commissioner or his duly appointed supervisors:
(1) Dispose of, convey, or encumber any of its assets or its business in force; (2) Withdraw
any of its bank accounts; (3) Lend any of its funds; (4) Invest any of its funds; (5) Transfer
any of its property; (6) Incur any debt, obligation, or liability; (7) Enter into any new
reinsurance contract or treaty; (8) Issue to the public policies of insurance. (Acts 1975,
No. 217, p. 742, §2; Acts 1977, No. 409, p. 547, §3.)...
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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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27-32-21
Section 27-32-21 Attachment, garnishment, and execution. During the pendency of delinquency
proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment,
garnishment, or execution shall be commenced or maintained in the courts of this state against
the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within
four months prior to the commencement of any such delinquency proceeding, or at any time thereafter,
shall be void as against any rights arising in such delinquency proceeding. (Acts 1971, No.
407, p. 707, §640.)...
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27-42-20
Section 27-42-20 Access to assets of insolvent insurer; application for court approval of plan
to disburse assets; notice of application. (a) Within 120 days of a final determination of
insolvency of an insurance company by a court of competent jurisdiction the receiver shall
make application to the said court for approval of a proposal to disburse assets out of such
company's marshalled assets, from time to time as such assets become available, to the Alabama
Insurance Guaranty Association and to any entity or person performing a similar function in
another state. (The Alabama Insurance Guaranty Association and any entity or person performing
a similar function in other states shall hereinafter be referred to collectively as the associations.)
(b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment
of expenses of administration and claims falling within the priorities established in the
Alabama Uniform Insurers Liquidation Act but only with...
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27-44-11
Section 27-44-11 Duties and powers of commissioner; appeal and review; notification. In addition
to the duties and powers enumerated elsewhere in this chapter: (1) The commissioner shall:
a. Upon request of the board of directors, provide the association with a statement of the
premiums in the appropriate states for each member insurer. b. When an impairment is declared
and the amount of the impairment is determined, serve a demand upon the impaired insurer to
make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute
notice to its shareholders, if any. The failure of the insurer to promptly comply with such
demand shall not excuse the association from the performance of its powers and duties under
this chapter. c. In any liquidation or rehabilitation proceeding involving a domestic insurer,
petition the court of competent jurisdiction to have the chief of the receivership division
appointed as the liquidator or rehabilitator. If a foreign or...
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27-44-21
Section 27-44-21 Immediate access of associations in this and other states to assets of insolvent
insurer; application to court; contents of proposal; notice. (a) Within 120 days of a final
determination of insolvency of an insurance company by a court of competent jurisdiction the
receiver shall make application to the said court for approval of a proposal to disburse assets
out of such company's marshalled assets, from time to time as such assets become available,
to the Alabama Life and Disability Insurance Guaranty Association and to any entity or person
performing a similar function in another state. (The Alabama Life and Disability Insurance
Guaranty Association and any entity or person performing a similar function in other states
shall hereinafter be referred to collectively as associations.) (b) Such proposal shall at
least include provisions for: (1) Reserving amounts for the payment of expenses of administration
and claims falling within the priorities established in the...
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