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27-6B-6
Section 27-6B-6 Penalties. (a) If the commissioner believes that the controlling producer or
any other person has not materially complied with this chapter, or any regulation or order
promulgated hereunder, after notice and opportunity to be heard, the commissioner may order
the controlling producer to cease placing business with the controlled insurer. (b) If it
was found that because of the material non-compliance that the controlled insurer or any policyholder
thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene
in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder, or other appropriate relief. (c) If
an order for liquidation or rehabilitation of the controlled insurer has been entered, pursuant
to Chapter 32 of Title 27, and the receiver appointed under that order believes that the controlling
producer or any other person has not...
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27-2-20
Section 27-2-20 Examinations - Power generally. (a) If he has reason to believe that any such
person has violated or is violating any provision of this title or upon complaint by any resident
of this state indicating that any such violation may exist, the commissioner may examine the
accounts, records, documents, and transactions pertaining to or affecting the insurance affairs
of any: (1) General agent, agent, broker, surplus line broker, solicitor, or adjuster; (2)
Person having a contract or power of attorney under which he enjoys in fact the exclusive
or dominant right to manage or control an insurer; or (3) Person engaged in or proposing to
be engaged in or assisting in the promotion or formation of a domestic insurer, insurance
holding corporation, or corporation to finance a domestic insurer or the production of its
business. (b) The commissioner may examine the insurance affairs and transactions of the attorney-in-fact
of a reciprocal insurer in the same manner and on the same...
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10A-1-9.21
Section 10A-1-9.21 Known claims against dissolved domestic entity. (a) A dissolved domestic
entity may dispose of the known claims against it by following the procedure described in
subsection (b) at any time after the effective date of the dissolution of that dissolved domestic
entity. (b) A dissolved domestic entity shall give notice of the dissolution in writing to
the holder of any known claim. The notice must: (1) Identify the dissolved domestic entity;
(2) Describe the information required to be included in a claim; (3) Provide a mailing address
to which the claim is to be sent; (4) State the deadline, which may not be fewer than 120
days from the effective date of the notice, by which the dissolved domestic entity must receive
the claim; and (5) State that if not sooner barred, the claim will be barred if not received
by the deadline. (c) Unless sooner barred by any other statute limiting actions, a claim against
a dissolved domestic entity is barred: (1) If a claimant who was...
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27-1-2
Section 27-1-2 Definitions. For the purposes of this title, the following terms shall have
the meanings respectively ascribed to them by this section. (1) INSURANCE. A contract whereby
one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable
contingencies. (2) INSURER. Every person engaged as indemnitor, surety, or contractor in the
business of entering into contracts of insurance. (3) PERSON. An individual, insurer, company,
association, organization, Lloyd's insurer, society, reciprocal insurer or interinsurance
exchange, partnership, syndicate, business trust, corporation, and every legal entity. (4)
COMMISSIONER. The Commissioner of Insurance of this state. (5) DEPARTMENT. The Department
of Insurance of this state. (6) DOMESTIC INSURER. One formed under the laws of this state.
(7) FOREIGN INSURER. One formed under the laws of any jurisdiction other than this state.
Except where distinguished by context, "foreign" insurers includes also...
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27-2B-10
Section 27-2B-10 Relationship to other laws; adoption of rules; exemptions. (a) The provisions
of this chapter are supplemental to any other provisions of the laws of this state, and shall
not preclude or limit any other powers or duties of the commissioner under other laws, including,
but not limited to, Chapter 32, and Section 27-2-33. (b) The commissioner may adopt reasonable
rules necessary for the implementation of this chapter. (c) The commissioner may exempt from
the application of this chapter any domestic property and casualty insurer that meets all
of the following criteria: (1) Writes direct business only in this state. (2) Writes direct
annual premiums of two million dollars ($2,000,000) or less. (3) Assumes no reinsurance in
excess of five percent of direct premium written. (d) The commissioner may exempt from the
application of this chapter any health organization that meets all of the following criteria:
(1) Writes direct business only in this state. (2) Assumes no...
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27-3-16
Section 27-3-16 Lloyd's insurers. Aggregations of individuals as underwriters, whether domestic,
foreign, or alien, assuming insurance risks upon the plan known as "Lloyd's," whereby
each underwriter is liable for the proportionate part assumed by him of the whole amount so
insured by a policy issued by such underwriters, may be authorized to transact any kind, or
kinds, of insurance in this state other than life or title insurances if the insurer is otherwise
in compliance with this title, subject to the following conditions: (1) If a foreign or alien
insurer, it must have successfully been in business as an authorized insurer in the state
or country of domicile for at least 10 years. (2) If a domestic insurer, it must file with
the commissioner evidence, satisfactory to him, that it has been soundly organized and that
its insurance operations will, at all times, be competently conducted by individuals having
the necessary experience in insurance underwriting and management to do so,...
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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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27-3-4
thorough investigation, to be incompetent or untrustworthy, or so lacking in insurance company
managerial experience as to make the proposed operation hazardous to the insurance-buying
public or which, after thorough examination or investigation, he has good reason to believe
is affiliated directly or indirectly through ownership, control, reinsurance transactions,
or other insurance or business relations with any person, or persons, whose business operations
are, or have been, marked to the injury of insurers, stockholders, policyholders, creditors,
or the public by manipulation of assets, of accounts or of reinsurance or by bad faith; (4)
No insurer the voting control of which is held, in whole or substantial part, by any government
or governmental agency shall be authorized to transact insurance in this state. Membership
in a mutual insurer or subscribership in a reciprocal insurer shall not be deemed to be either
an ownership or control of the insurer for the purposes of this...
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10A-2-1.20
Section 10A-2-1.20 Filing instruments. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A filing instrument
under this chapter must satisfy the requirements of Article 4 of Chapter 1, and must be signed:
(1) By the chair of the board of directors of the domestic or foreign business corporation,
by its president, or by another of its officers; (2) If directors have not been selected or
the corporation has not been formed, by an incorporator; or (3) If the corporation is in the
hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary. (b) The
person executing the instrument shall sign it and state beneath or opposite his or her signature
in English letters, his or her name, and the capacity in which he or she signs. The instrument
may but need not contain: (1) the corporate seal, (2) an attestation by the secretary or an
assistant secretary, or (3) an acknowledgement, verification, or...
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26-2A-137
Section 26-2A-137 Protective arrangements and single transactions authorized. (a) If it is
established in a proper proceeding that a basis exists for the appointment of a conservator
or protective order as described in Section 26-2A-130, the court, without appointing a conservator,
may authorize, direct, or ratify any transaction necessary or desirable to achieve any security,
service, or care arrangement meeting the foreseeable needs of the protected person. Protective
arrangements include payment, delivery, deposit, or retention of funds or property; sale,
mortgage, lease, or other transfer of property, including, but not limited to the leasing
of oil, gas, and other mineral rights of the protected person; entry into an annuity contract,
a contract for life care, a deposit contract, or a contract for training and education; or
addition to or establishment of a suitable trust. (b) If it is established in a proper proceeding
that a basis exists for the appointment of a conservator or...
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