Code of Alabama

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27-32-40
Section 27-32-40 Priority of claims of policyholders and beneficiaries - Classification of
policyholders and beneficiaries. The circuit court having jurisdiction over a receivership
for liquidation or rehabilitation pursuant to the insurance laws of this state may distinguish
between classes of policyholders or beneficiaries and establish priorities for each such class
for payment of claims, sharing in the assets remaining or for reinsurance purposes. In establishing
priorities among classes of policyholders and beneficiaries, death claims payable on life
insurance contracts, cash surrenders payable, annuity holders, paid up policies, single premium
policies, and other such classifications may be used by the court in establishing priorities
for payment of claims or for reinsurance of policies. (Acts 1975, No. 1040, p. 2085, §4.)...

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27-32-39
Section 27-32-39 Priority of claims of policyholders and beneficiaries - Reinsuring of policies.
(a) When, upon hearing, the circuit court having jurisdiction of a receivership shall determine
it to be in the best interest of the policyholders and the public, the court may order and
direct the receiver to reinsure the policies of the insurer with a solvent insurer to the
extent of the assets available in the receivership. The circuit court is hereby empowered
to place a lien or moratorium against policy benefits and values as necessary to reinsure
all policyholders as fully as possible to the extent of assets available and to order the
receiver to transfer such assets as determined adequate, necessary, or available to reinsure
policies of the insolvent insurer with a solvent insurer, to the exclusion of general creditors
should no assets remain thereafter. (b) Except as provided in subsection (c), reinsurance
shall be payable under a contract reinsured by the assuming insurer on the...
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27-31A-2
Section 27-31A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Insurance Commissioner of this state or the commissioner, director, or superintendent
of insurance in any other state. (2) COMPLETED OPERATIONS LIABILITY. Liability arising out
of the installation, maintenance, or repair of any product at a site which is not owned or
controlled by either of the following: a. Any person who performs that work. b. Any person
who hires an independent contractor to perform that work, but shall include liability for
activities which are completed or abandoned before the date of the occurrence giving rise
to the liability. (3) DOMICILE. For purposes of determining the state in which a purchasing
group is domiciled: a. For a corporation, the state in which the purchasing group is incorporated.
b. For an unincorporated entity, the state of its principal place of...
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27-32-37
Section 27-32-37 Priority of claims of policyholders and beneficiaries - Established. Upon
the issuance of a proper court order placing a domestic insurer in receivership or placing
a foreign insurer in ancillary receivership for rehabilitation or liquidation, pursuant to
this chapter or other insurance laws of Alabama, all beneficiaries of and all persons holding
or owning a contract of insurance with such insurer shall be a preferred creditor of said
insurer to the extent of the equity, cash value, or other benefit then accrued, arising under
the terms of such contract. With the exception of costs of administration of said receiverships,
recorded tax liens and judgments obtained prior to initiation of delinquency proceedings,
and secured creditors' claims, no claim of a creditor shall be preferred over that of a policyholder
of the insurer in receivership. Policyholders are hereby removed from the class of general
creditors and all laws and court decisions in conflict herewith shall...
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27-42-19
Section 27-42-19 Association, policyholders, beneficiaries, and insureds to have preferred
creditor status. Upon the issuance of a proper court order placing a domestic insurer in receivership
or placing a foreign insurer in ancillary receivership for rehabilitation or liquidation,
all policyholders, beneficiaries, and insureds of such insolvent insurer, with respect to
claims arising from and within the coverages of and not in excess of the applicable limits
of insurance policies and contracts issued by the insolvent insurer, and liability claims
against insureds which claims are within the coverage of and not in excess of the applicable
limits of insurance policies and insurance contracts issued by the insolvent insurer, and
the Alabama Insurance Guaranty Association and any similar organization in another state shall
be preferred creditors of said insolvent insurer. (Acts 1980, No. 80-806, p. 1639, §19.)...

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27-44-20
Section 27-44-20 Association, policyholders, beneficiaries, and insureds to have preferred
creditor status. Upon the issuance of a proper court order placing a domestic insurer in receivership
or placing a foreign insurer in ancillary receivership for rehabilitation or liquidation,
all policyholders, beneficiaries, and insureds of such insolvent insurer, with respect to
claims arising from and within the coverage of and not in excess of the applicable limits
of insurance policies and contracts issued by the insolvent insurer and the Alabama Life and
Disability Insurance Guaranty Fund shall be preferred creditors of said insolvent insurer.
(Acts 1982, No. 82-561, p. 922, §20.)...
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27-30-11
Section 27-30-11 Certificate of authority - Suspension or revocation - Grounds. (a) The commissioner
shall suspend or revoke the certificate of authority of a mutual aid association if he finds,
upon examination or other evidence, that any one or more of the following grounds exist: (1)
For any cause for which he could have refused to issue the certificate of authority under
this chapter had it then existed and been known to the commissioner; (2) If the association
is in unsound condition or is in such condition or is using such methods and practices in
the conduct of its business as to render its further transactions of insurance in this state
hazardous to its members, policyholders, dependents, beneficiaries, or to the public; (3)
If the association has refused to be examined or to produce its accounts, records, and files
for examination or if any of its officers or agents have refused to perform any legal obligation
relative thereto or have willfully refused to give information with...
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27-15-29
Section 27-15-29 Prohibited policy plans. (a) No insurer shall hereafter deliver or issue for
delivery in this state any policy or contract providing for the establishment of its policyholders
or members into divisions and classes and for payment of benefits from special funds created
for such purpose to the oldest member of the division and class or to the member of the division
and class whose policy has been in force the longest period of time upon the death of a member
in such division and class, or under any other similar plan; except, that any insurer heretofore
operating on such a plan in this state, whether by conversion from a fraternal benefit society
or otherwise, may continue to do so upon the condition that the insurer shall not hereafter
establish its policyholders or members into any new divisions, classes or groupings of any
kind, other than those heretofore established and containing subsisting policies heretofore
issued, and that the insurer, if a stock insurer, shall...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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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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