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...
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27-52-2
Section 27-52-2 Authority. The plan shall have the general powers and authority granted under
the laws of this state to health insurers and in addition thereto, the specific authority
to do all of the following: (1) Enter into contracts as are necessary or proper to carry out
the provisions and purposes of this article, including the authority, with the approval of
the commissioner, to enter into contracts with similar plans of other states for the joint
performance of common administrative functions, or with persons or other organizations for
the performance of administrative functions. (2) Sue or be sued, including taking any legal
actions necessary or proper to recover or collect assessments due the plan. (3) Take legal
action as necessary to do any of the following: a. To avoid the payment of improper claims
against the plan or the coverage provided by or through the plan. b. To recover any amounts
erroneously or improperly paid by the plan. c. To recover any amounts paid by the...
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27-42-8
Section 27-42-8 Powers and duties. (a) The association shall: (1)a. Be obligated to pay covered
claims existing prior to the order of liquidation arising within 30 days after the order of
liquidation, or before the policy expiration date if less than 30 days after the order of
liquidation, or before the insured replaces the policy or causes its cancellation, if he or
she does so within 30 days of the order of liquidation. The obligation shall be satisfied
by paying to the claimant an amount as follows: 1. The full amount of a covered claim for
benefits under workers' compensation insurance coverage. 2. An amount not exceeding ten thousand
dollars ($10,000) per policy for a covered claim for the return of unearned premium. 3. An
amount not exceeding three hundred thousand dollars ($300,000) or the policy limits, whichever
is less, per claim for all covered claims. For purposes of this limitation, all claims of
any kind whatsoever arising out of, or related to, bodily injury or death to...
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27-44-3
Section 27-44-3 Scope of chapter. (a) This chapter shall provide coverage for the policies
and contracts specified in subsection (b) as follows: (1) To persons who, regardless of where
they reside (except for non-resident certificate holders under group policies or contracts),
are the beneficiaries, assignees, or payees of the persons covered under subdivision (2).
(2) To persons who are owners of or certificate holders under the policies or contracts, other
than structured settlement annuities, and in each case who are either of the following: a.
Residents b. Not residents, but only under all of the following conditions: 1. The insurer
that issued the policies or contracts is domiciled in this state. 2. The states in which the
persons reside have associations similar to the association created by this chapter. 3. The
persons are not eligible for coverage by an association in any other state due to the fact
the insurer was not licensed in the state at the time specified in the state's...
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27-44-9
Section 27-44-9 Assessments. (a) For the purpose of providing the funds necessary to carry
out the powers and duties of the association, the board of directors shall assess the member
insurers, separately for each account, at such time and for such amounts as the board finds
necessary. Assessments shall be due not less than 30 days after prior written notice to the
member insurers and shall accrue interest at six percent per annum on and after the due date.
(b) There shall be two classes of assessments, as follows: (1) Class A assessments shall be
authorized and called for the purpose of meeting administrative and legal costs and other
expenses. Class A assessment may be authorized and called whether or not related to a particular
impaired or insolvent insurer. (2) Class B assessments shall be authorized and called to the
extent necessary to carry out the powers and duties of the association under Section 27-44-8
with regard to an impaired or insolvent insurer. (c)(1) The amount of a...
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11-91A-7
Section 11-91A-7 Jurisdiction of board; funding; powers of board. The board shall have full,
complete, and exclusive jurisdiction over the program and shall allocate funds from its treasury
for the fulfillment and accomplishment of its duties and responsibilities in a manner as may
be necessary and appropriate to carry out the purposes of this chapter. The board shall have
the general powers and authority granted under the laws of this state for health insurers,
and in addition thereto, the specific authority to do all of the following: (a) Subject to
compliance with Section 11-91A-8 where applicable, execute a contract or contracts to provide
for the administration of the program in accordance with this chapter. The contract or contracts
may be executed with one or more agencies or corporations licensed to transact or administer
group health care business in this state with similar plans of the state for the joint performance
of common administrative functions. (b) Establish, and...
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27-42-2
Section 27-42-2 Purpose of chapter. The purpose of this chapter is to provide a mechanism for
the payment of covered claims under certain insurance policies, to avoid excessive delay in
payments and to avoid financial loss to claimants or policyholders because of the insolvency
of an insurer, to assist in the detection and prevention of insurer insolvencies and to provide
an association to assess the cost of such protection among insurers. (Acts 1980, No. 80-806,
p. 1639, §2.)...
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27-27-36
Section 27-27-36 Issuance of participating or nonparticipating policies by domestic insurers.
Unless prohibited by its articles of incorporation, a domestic stock or domestic mutual insurer
may issue any, or all, of its policies with, or without, participation in profits, savings,
or unabsorbed portions of premiums, may classify policies issued on a participating and nonparticipating
basis, and may determine the right to participate and the extent of participation of any class,
or classes, of policies. Any such classification or determination shall be reasonable and
shall not unfairly discriminate as between policyholders within the same such classifications.
A life insurer may issue both participating and nonparticipating policies only if the right
or absence of right to participate is reasonably related to the premium charged. (Acts 1971,
No. 407, p. 707, §532.)...
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27-27-47
Section 27-27-47 Bulk reinsurance - Domestic stock insurers. (a) A domestic stock insurer may
reinsure all, or substantially all, of its insurance in force or a major class thereof with
another insurer by an agreement of bulk reinsurance, but 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 such filing
unless he finds that it is inequitable to the stockholders of the domestic insurer or would
substantially reduce the protection or service to its policyholders. If the commissioner does
not approve the agreement, he shall so notify the insurer in writing, specifying his reasons
therefor. If the commissioner does not approve or disapprove such agreement and notify the
insurer thereof in writing within 30 days after such filing, it shall conclusively be presumed
that the agreement is approved by the commissioner. (Acts 1971, No....
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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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