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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus
Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with
all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE
WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple
states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted
and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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27-5B-7
Section 27-5B-7 Reinsurer maintaining a trust fund. (a) Credit shall be allowed when
the reinsurance is ceded to an assuming insurer that maintains a trust fund in a qualified
U.S. financial institution, as defined in subsection (b) of Section 27-5B-15, for the
payment of the valid claims of its U.S. ceding insurers, their assigns and successors in interest.
To enable the commissioner to determine the sufficiency of the trust fund, the assuming insurer
shall report annually to the commissioner information substantially the same as that required
to be reported on the NAIC Annual Statement form by licensed insurers. The assuming insurer
shall submit to examination of its books and records by the commissioner and bear the expense
of examination. (b)(1) Credit for reinsurance shall not be granted under this section
unless the form of the trust and any amendments to the trust have been approved by either:
a. The commissioner of the state where the trust is domiciled. b. The commissioner of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-7.htm - 7K - Match Info - Similar pages
27-27-48
Section 27-27-48 Bulk reinsurance - Domestic mutual insurers. (a) A domestic mutual
insurer may reinsure all, or substantially all, its business in force or all, or substantially
all, of a major class thereof with another insurer, stock or mutual, by an agreement of bulk
reinsurance after compliance with this section. No such agreement shall become effective
unless filed with the commissioner and approved by him in writing after a hearing thereon.
(b) The commissioner shall approve such agreement within a reasonable time after filing if
he finds it to be fair and equitable to each domestic insurer involved, and that such reinsurance
if effectuated would not substantially reduce the protection or service to its policyholders.
If the commissioner does not so approve, he shall so notify each insurer involved in writing,
specifying his reasons therefor. (c) The plan and agreement for such reinsurance must be approved
by vote of not less than two-thirds of each domestic mutual insurer's...
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27-5A-5
Section 27-5A-5 Books and records; reinsurance intermediary-brokers. (a) For at least
10 years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker,
the reinsurance intermediary-broker shall keep a complete record for each transaction showing
all of the following: (1) The type of contract, limits, underwriting restrictions, classes,
or risks and territory. (2) Period of coverage, including effective and expiration dates,
cancellation provisions, and notice required of cancellation. (3) Reporting and settlement
requirements of balances. (4) Rate used to compute the reinsurance premium. (5) Names and
addresses of assuming reinsurers. (6) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance intermediary-broker. (7) Related
correspondence and memoranda. (8) Proof of placement. (9) Details regarding retrocessions
handled by the reinsurance intermediary-broker including the identity of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5A-5.htm - 2K - Match Info - Similar pages
27-37-4
Section 27-37-4 Disallowance of assets or credits for deception. (a) The commissioner
shall disallow as an asset or as a credit against liabilities any reinsurance found by him
after a hearing thereon to have been arranged for on a temporary basis for the purpose principally
of deception as to the ceding insurer's financial condition as at the date of any financial
statement of the insurer. Reinsurance of any substantial part of the insurer's outstanding
risks contracted for in fact within 90 days prior to the date of any such financial statement
and cancelled in fact within 90 days after the date of such statement shall prima facie be
deemed to have been arranged for the purpose of deception within the intent of this section.
(b) The commissioner shall disallow as an asset any deposit, funds, or other assets of the
insurer found by him after a hearing thereon: (1) Not to be in good faith the property of
the insurer; (2) Not freely subject to withdrawal or liquidation by the insurer at...
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27-5B-17
Section 27-5B-17 Guaranty association election. Notwithstanding Section 27-5B-16,
in the event that a life and health insurance guaranty association has made the election to
succeed to the rights and obligations of the insolvent insurer under the contract of reinsurance,
the reinsurer's liability to pay covered reinsured claims shall continue under the contract
of reinsurance subject to the payment to the reinsurer of the reinsurance premiums for the
coverage. Payment for the reinsured claims shall only be made by the reinsurer pursuant to
the direction of the guaranty association or its designated successor. Any payment made at
the direction of the guaranty association or its designated successor by the reinsurer shall
discharge the reinsurer of all further liability to any other party for the claim payment.
(Act 2013-209, p. 463, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-17.htm - 1K - Match Info - Similar pages
27-14-11.1
Section 27-14-11.1 Contents of policies - Denial or reduction of benefits due to Medicaid
eligibility void. (a) For purposes of this section, "private insurer" is
defined as any of the following: (1) Any commercial insurance company offering health or casualty
insurance to individuals or groups, including both experience-rated contracts and indemnity
contracts. (2) Any profit or nonprofit prepaid plan offering either medical services or full
or partial payment for the diagnosis or treatment of an injury, disease, or disability. (3)
Any organization administering health or casualty insurance plans for professional associations,
unions, fraternal groups, employer-employee benefit plans, and any similar organization offering
these payments or services, including self-insured and self-funded plans. (4) Any health insurer,
including group health plans, as defined in Section 607(1) of the Employee Retirement
Income Security Act of 1974, self-insured plans, service benefit plans, managed care...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-14-11.1.htm - 3K - Match Info - Similar pages
27-9A-3
Section 27-9A-3 Independent adjuster defined; exclusions. (a) For purposes of this chapter,
an "independent adjuster" is a person who, for compensation as an independent contractor
or as an employee of an independent contractor, undertakes on behalf of an insurer to ascertain
and determine the amount of any claim, loss, or damage payable under a contract of property,
casualty, or workers' compensation insurance or to effect settlement of such claim, loss,
or damage. This chapter shall not be construed to permit persons not licensed as attorneys
to engage in activities constituting the practice of law. (b) An independent adjuster does
not include any of the following: (1) Attorneys-at-law admitted to practice in this state
when acting in their professional capacity as an attorney. (2) A salaried employee of an insurer.
(3) A person employed solely to obtain facts surrounding a claim or to furnish technical assistance
to a licensed independent adjuster. (4) An individual who is employed...
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27-12A-20
Section 27-12A-20 Fraud warning. (a) A fraud warning shall be included on at least one
of the following: Claim release forms, applications, reinstatements for insurance, participation
agreements, declaration pages, and claim documents, regardless of the method or form of transmission
and shall contain the following statement or a substantially similar statement: "Any
person who knowingly presents a false or fraudulent claim for payment of a loss or benefit
or who knowingly presents false information in an application for insurance is guilty of a
crime and may be subject to restitution, fines, or confinement in prison, or any combination
thereof." (b) The lack of a statement required by subsection (a) shall not constitute
a defense in any prosecution for insurance fraud. (c) Policies issued by unauthorized insurers
shall contain a statement disclosing the status of the insurer to do business in the state
where the policy is delivered or issued for delivery or the state where coverage is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-12A-20.htm - 2K - Match Info - Similar pages
27-15-53
Section 27-15-53 Requirements for death master file comparisons. (a) An insurer shall
perform a comparison of its insureds' in-force life insurance policies, annuity contracts,
and retained asset accounts against a death master file, to identify potential death master
file matches of its insureds. Such comparison shall be completed by January 1, 2019. Thereafter,
an insurer shall maintain a program designed to compare each such policy, contract, or account
with a death master file no less frequently than every three years, it being the intent that
insurers fashion a program that best fits their business systems while at the same time protecting
consumers by assuring reasonable checks are being performed to identify unreported deaths.
For those potential death master file matches identified as a result of a death master file
comparison, the insurer shall do all of the following: (1) Within 90 days of a death master
file match: a. Complete a commercially reasonable effort, which shall be...
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