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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27-31C-2
Section 27-31C-2 Definitions. For the purpose of this chapter : (1) ALABAMA COASTAL CAPTIVE
INSURANCE COMPANY. A captive insurance company, as is defined by Section 27-31B-2(8), that
is specifically formed to provide homeowners insurance coverage as limited in Section 27-31B-3(a)(4)
and as defined and limited in the standard real property and contents insurance forms as approved
by the commissioner. (2) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(3) DEPARTMENT. The Alabama Department of Insurance. (4) PERIL. The cause of an insured loss.
(5) STATE. The State of Alabama. (Act 2008-391, p. 742, §2.)...
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27-31C-6
Section 27-31C-6 Exemptions from chapter. The commissioner, by rule, regulation, or order,
may exempt an Alabama Coastal Captive Insurance Company, on a case-by-case basis, from provisions
of this chapter that are determined to be inappropriate given the nature of the risks to be
insured and the intent of this chapter. (Act 2008-391, p. 742, §2.)...
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27-31C-7
Section 27-31C-7 Confidentiality of information. The confidentiality provisions of Sections
27-31B-9(b) and 27-31B-10 do not extend to final reports of its financial condition produced
by the commissioner in inspecting or examining an Alabama Coastal Captive Insurance Company
and do not extend to reports submitted by an Alabama Coastal Captive Insurance Company. All
work papers, recorded information, documents, and their copies produced by, obtained by, or
disclosed to the commissioner, his or her designee, or other persons made under this chapter
must be given confidential treatment as provided in Sections 27-31-3(4), 27-31B-9(b), and
27-31B-10. (Act 2008-391, p. 742, §2.)...
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27-31B-15
Section 27-31B-15 Exemption from compulsory associations. No captive insurance company, including
a captive insurance company organized as a reciprocal insurer under this chapter, may join
or contribute financially to any plan, pool, association, or guaranty or insolvency fund in
this state. No captive insurance company, or its insured, or its parent or any affiliated
company, or any member organization of its association or, in the case of a captive insurance
company organized as a reciprocal insurer, any subscriber thereof, may receive any benefit
from any plan, pool, association, or guaranty or insolvency fund for claims arising out of
the operations of the captive insurance company. (Act 2006-509, p. 1153, §1.)...
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27-31B-10
Section 27-31B-10 Examinations and investigations. (a) At least once in three years, and whenever
the commissioner determines it to be prudent, the commissioner shall visit each captive insurance
company and thoroughly inspect and examine its affairs to ascertain its financial condition,
its ability to fulfill its obligations, and whether it has complied with this chapter. The
commissioner, upon application, may enlarge the three-year period to five years, provided
the captive insurance company is subject to a comprehensive annual audit during that period
of a scope satisfactory to the commissioner by independent auditors approved by the commissioner.
The expenses and charges of the examination shall be in accordance with Section 27-2-25. (b)
All examination reports, preliminary examination reports or results, working papers, recorded
information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner
or any other person in the course of an examination...
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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-21
Section 27-31B-21 Conversion to or merger with reciprocal insurer. (a) An association captive
insurance company or industrial insured group formed as a stock or mutual corporation may
be converted to or merged with and into a reciprocal insurer in accordance with a plan therefor
and this section. (b) A plan for this conversion or merger shall satisfy both of the following:
(1) Be fair and equitable to the shareholders, in the case of a stock insurer, or the policyholders,
in the case of a mutual insurer. (2) Provide for the purchase of the shares of any nonconsenting
shareholder of a stock insurer or the policyholder interest of any nonconsenting policyholder
of a mutual insurer in substantially the same manner and subject to the same rights and conditions
as are accorded a dissenting shareholder under Article 13, commencing with Section 10-2B-13.01,
of Chapter 2B of Title 10. (c) A conversion authorized under subsection (a) shall satisfy
all of the following: (1) The conversion shall...
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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...
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27-31B-11
Section 27-31B-11 Grounds and procedures for suspension or revocation of license. (a) The license
of a captive insurance company to do an insurance business in this state may be suspended
or revoked by the commissioner for any of the following reasons: (1) Insolvency or impairment
of capital or surplus. (2) Failure to meet the requirements of Section 27-31B-6. (3) Refusal
or failure to submit an annual report, as required by Section 27-31B-9, or any other report
or statement required by law or by lawful order of the commissioner. (4) Failure to comply
with its own charter, bylaws, or other organizational document. (5) Failure to submit to examination
or any legal obligation relative thereto, as required by Section 27-31B-10. (6) Refusal or
failure to pay the cost of examination, as required by Section 27-31B-10. (7) Use of methods
that, although not otherwise specifically prohibited by law, nevertheless render its operation
detrimental or its condition unsound with respect to the...
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