Code of Alabama

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27-3-10
Section 27-3-10 Application of capital surplus to reduction or elimination of deficit by domestic
stock insurers. (a) For the purposes of this section, the following words and phrases shall
have the following meanings: (1) DOMESTIC STOCK INSURER. A corporation incorporated under
the laws of the State of Alabama with its capital divided into shares and owned by its stockholders
which is engaged as indemnitor, surety, or contractor in the business of entering into contracts
of insurance. (2) CAPITAL SURPLUS. Such term shall have the meaning given thereto in the statutes
of this state relating to the powers and procedures of domestic private corporations formed
for profit. (3) EARNED SURPLUS. Such term shall have the meaning given thereto in the statutes
of this state relating to the powers and procedures of domestic private corporations formed
for profit. (b) A domestic stock insurer which has the minimum unimpaired paid-in capital
stock required for the transaction of insurance by such...
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27-31-23
Section 27-31-23 Levy of assessments on subscribers of domestic insurers - Time limit. Every
subscriber of a domestic reciprocal insurer having contingent liability shall be liable for
and shall pay his share of, any assessment, as computed and limited in accordance with this
chapter, if: (1) While his policy is in force or within one year after its termination, he
is notified by either the attorney or the commissioner of his intentions to levy such assessment;
or (2) An order to show cause why a receiver, conservator, rehabilitator, or liquidator of
the insurer should not be appointed is issued while his policy is in force or within one year
after its termination. (Acts 1971, No. 407, p. 707, §613.)...
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27-32-20
Section 27-32-20 Claims in delinquency proceedings - Priorities. (a) In a delinquency proceeding
against an insurer domiciled in this state, claims owing to residents of ancillary states
shall be preferred claims if like claims are preferred under the laws of this state. All such
claims owing to residents or nonresidents shall be given equal priority of payment from general
assets regardless of where such assets are located. (b) In a delinquency proceeding against
an insurer domiciled in a reciprocal state, claims owing to residents of this state shall
be preferred if like claims are preferred by the laws of that state. (c) The owners of special
deposit claims against an insurer for which a receiver is appointed in this or any other state
shall be given priority against their several special deposits in accordance with the provisions
of the statutes governing the creation and maintenance of such deposits. If there is a deficiency
in any such deposit so that the claims secured thereby...
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27-44-14
Section 27-44-14 Liability of unpaid assessments; records of negotiations and meetings; association
deemed creditor of impaired or insolvent insurer; judicial distribution of ownership rights
of insolvent insurer; recovery by receiver of certain distributions from controlling affiliates.
(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments
of the insureds on an impaired or insolvent insurer operating under a plan with assessment
liability. (b) Records shall be kept of all negotiations and meetings in which the association
or its representatives are involved to discuss the activities of the association in carrying
out its powers and duties under Section 27-44-8. Records of such negotiations or meetings
shall be made public only upon the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon the termination of the impairment
or insolvency of the insurer, or upon the order of a...
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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
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27-27-19
Section 27-27-19 Domestic mutual insurers - Failure to complete organization. If the proposed
domestic mutual insurer fails to complete its organization and to secure its original certificate
of authority within one year from, and after, date of its certificate of incorporation, the
corporation shall transact no further business, and the commissioner shall return, or cause
to be returned, to the persons entitled thereto all advance deposits or payments of premiums
held in trust under Section 27-27-18. (Acts 1971, No. 407, p. 707, §515.)...
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27-27-3
Section 27-27-3 Power of domestic insurers to indemnify directors, etc. Without limiting the
powers and authorities of domestic insurers, as provided in Section 27-27-61, a domestic insurer
shall have the power and is hereby authorized to indemnify any director, officer, or employee,
or former director, officer, or employee of the corporation, or any person who may have served
at its request as a director or officer of another corporation in which it owns shares of
capital stock or of which it is a creditor against expenses actually and reasonably incurred
by him in connection with the defense of any action or proceeding, civil or criminal, in which
he is made a party by reason of being, or having been, such director or officer, except in
relation to matters as to which he shall be adjudged in such action or proceeding to be liable
for negligence or misconduct in the performance of duty to the corporation and to make any
other indemnification that shall be authorized by the articles of...
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27-2B-2
Section 27-2B-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ADJUSTED RBC REPORT. An RBC report which has been adjusted by the commissioner
in accordance with subsection (e) of Section 27-2B-3. (2) CORRECTIVE ORDER. An order issued
by the commissioner specifying corrective actions which the commissioner has determined are
required. (3) DOMESTIC INSURER. Any insurer domiciled in this state. (4) FOREIGN INSURER.
Any insurer which is licensed to do business in this state but not domiciled in this state.
(5) FRATERNAL BENEFIT SOCIETY. Any insurer licensed under Chapter 34. (6) HEALTH ORGANIZATION.
Any health care service plan, health maintenance organization, limited health service organization,
dental services corporation, or other managed care organization licensed under this title.
This term does not include any life and disability insurer or property and casualty insurer.
(7) INSURER. As defined in Section 27-1-2, including, without...
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27-32-18
claims belonging to claimants residing in this state may either: (1) Be proved in the domiciliary
state as provided by the law of that state; or (2) If ancillary proceedings have been commenced
in this state, be proved in those proceedings. In the event that any such claimant elects
to prove his claim in this state, he shall file his claim with the ancillary receiver and
shall give notice in writing to the receiver in the domiciliary state, either by registered
or certified mail or by personal service at least 40 days prior to the date set for
hearing. The notice shall contain a concise statement of the amount of the claim, the facts
on which the claim is based, and the priorities asserted, if any. If the domiciliary receiver,
within 30 days after the giving of such notice, shall give notice in writing to the ancillary
receiver and to the claimant, either by registered or certified mail or by personal
service, of his intention to contest such claim, he shall be entitled to appear...
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5-8A-30
Section 5-8A-30 Collection of claims of bank, etc. Upon taking possession of any of the property
and business of any bank, the receiver may collect moneys due to such bank and do such other
acts as are necessary to conserve its assets and business, and shall proceed to liquidate
the affairs thereof as provided in this chapter. The receiver shall collect all debts due
and claims belonging to the bank, whether in this state or in any other state, and may proceed
in courts of competent jurisdiction to enforce said claims in this state and in other states.
"Claims" shall include any right of action against any surety, fidelity or insurance
company, auditor or any past or present officer or director of such bank for mismanagement,
violations of laws or regulations or other breach of duty. It shall be the duty of the receiver
or his duly authorized agent to satisfy on the proper record all mortgages, judgments, security
interests, or other liens held or owned by any insolvent bank that have...
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