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2-5A-2
Section 2-5A-2 Director. (a) The commissioner may appoint a director who, under the supervision
of the commissioner, shall administer this article. The director shall receive a salary to
be fixed as provided in Section 36-6-6, payable in installments in the same manner as the
salaries of other state employees are paid, and shall be allowed the same travel expenses
in the performance of his or her duties as are allowed to other state employees as provided
by law. The director, with the approval of the commissioner and subject to the state Merit
System, shall appoint all necessary clerks, stenographers, inspectors, and other employees
to administer this article. The director shall act as manager, secretary, and custodian of
all records unless the commissioner shall otherwise direct. In addition to those duties already
described, the director's duties shall include, but shall not be limited to, all of the following:
(1) Directing the overall planning, development, and administration of...
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27-2-23
Section 27-2-23 Examinations - How conducted. (a) The examination may be conducted by the commissioner
or his accredited examiners at the offices wherever located of the person being examined and
at such other places as may be required for determination of matters under examination. (b)
Every person being examined, its officers, attorneys, employees, agents, and representatives,
shall make freely available to the commissioner or his examiners the accounts, records, documents,
files, information, assets, and matters in his possession or control relating to the subject
of the examination. (c) If the commissioner or examiner finds any account or record of an
insurer being examined to be inadequate or inadequately kept or posted for proper examination
of the condition and affairs of the examinee, he shall give written notice to such examinee
specifying: (1) The deficiencies to be corrected; and (2) A reasonable period within which
to correct the stated deficiencies. If the examinee fails...
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27-21A-18
Section 27-21A-18 Rehabilitation, liquidation, or conservation of a health maintenance organization.
(a) Any rehabilitation, liquidation, or conservation of a health maintenance organization
shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company
and shall be conducted under the supervision of the commissioner pursuant to the law governing
the rehabilitation, liquidation, or conservation of insurance companies. The commissioner
may apply for an order directing him to rehabilitate, liquidate, or conserve a health maintenance
organization upon any one or more grounds set out in Section 27-32-6, or when in his opinion
the continued operation of the health maintenance organization would be hazardous either to
the enrollees or to the people of this state. Enrollees shall have the same priority in the
event of liquidation or rehabilitation as the law provides to policyholders of an insurer.
(b) A claim by a health care provider for an uncovered...
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27-27-16
Section 27-27-16 Domestic mutual insurers - Bond or deposit in lieu thereof. (a) Before soliciting
any applications for insurance required under Section 27-27-15, as qualification for the original
certificate of authority, the incorporators of the proposed mutual insurer shall file with
the commissioner a corporate surety bond in the penalty of $15,000.00 in favor of the State
of Alabama and for the use and benefit of the state and of applicant members and creditors
of the corporation. The bond shall be conditioned as follows: (1) Upon payment of any loss
suffered by applicants who have cancelled or lapsed existing insurance policies due to misrepresentation
by the incorporators or by persons soliciting such applications under authorization by the
corporation, to the effect that the making of such application for insurance and prepayment
of premiums in such proposed insurer provides insurance protection prior to issuance of a
certificate of authority to such insurer by the...
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27-29A-8
Section 27-29A-8 Confidentiality. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the Department of Insurance that
are obtained by, created by, or disclosed to the commissioner or any other person under this
chapter, are recognized by this state as being proprietary and to contain trade secrets. All
such documents, materials, or other information shall be confidential by law and privileged,
shall not be subject to any open records, freedom of information, sunshine, or other public
record disclosure laws, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's official duties. The commissioner
shall not otherwise make the documents, materials, or other information...
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27-31B-2
Section 27-31B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates otherwise: (1) AFFILIATED COMPANY. Any company
in the same corporate system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management. (2) ALIEN CAPTIVE INSURANCE
COMPANY. Any insurance company formed to write insurance business for its parents and affiliates
and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory
standards in a form acceptable to the commissioner on companies transacting the business of
insurance in that jurisdiction. (3) ASSOCIATION. Any legal association of individuals, corporations,
limited liability companies, partnerships, associations, or other entities whereby either
of the following exists: a. The member organizations of which, or the association itself,
whether or not in conjunction with some or all of the...
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27-32-31
Section 27-32-31 Claims upon liquidation of insurer - Time to file. (a) If, upon the granting
of an order of liquidation under this chapter or at any time thereafter during the liquidation
proceedings, the insurer shall not be clearly solvent, the court shall, after such notice
and hearing as it deems proper, make an order declaring the insurer to be insolvent. Thereupon,
regardless of any prior notice which may have been given to creditors, the commissioner shall
notify all persons who may have claims against the insurer and who have not filed proper proofs
thereof to present the same to him at a place specified in such notice, within four months
from the date of entry of such order or, if the commissioner certifies that it is necessary,
within such longer time as the court shall prescribe. The last day for filing of proofs of
claims shall be specified in the notice, and notice shall be given in a manner to be determined
by the court. (b) Proofs of claim may be filed subsequent to the...
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27-38-1
Section 27-38-1 Establishment of separate accounts by life insurers to provide for life insurance
or annuities and benefits incidental thereto. A life insurer organized under the laws of this
state may, by or pursuant to a resolution of its board of directors, establish one or more
separate accounts and may allocate thereto amounts, including without limitation proceeds
applied under optional modes of settlement or under dividend options, to provide for life
insurance or annuities, and benefits incidental thereto, payable in fixed or variable amounts
or both, subject to the following: (1) The income, gains, and losses, realized or unrealized,
from assets allocated to a separate account shall be credited to, or charged against, the
account, without regard to other income, gains, or losses of the insurer; (2) Except as provided
in this section, amounts allocated to any separate account, and accumulations thereon, may
be invested and reinvested without regard to any requirements or...
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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-5.htm - 5K - Match Info - Similar pages
27-29B-1
Section 27-29B-1 Purpose and scope. (a) The purpose of this chapter is to do all of the following:
(1) Provide the Commissioner of Insurance a summary of an insurer or insurance group's corporate
governance structure, policies, and practices to permit the commissioner to gain and maintain
an understanding of the insurer's corporate governance framework. (2) Outline the requirements
for completing a corporate governance annual disclosure with the commissioner. (3) Provide
for the confidential treatment of the corporate governance annual disclosure and related information
that will contain confidential and sensitive information related to an insurer or insurance
group's internal operations and proprietary and trade secret information which, if made public,
could potentially cause the insurer or insurance group competitive harm or disadvantage. (b)
Nothing in this chapter shall be construed to prescribe or impose corporate governance standards
and internal procedures beyond the procedures...
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