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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-12-18.htm - 4K - Match Info - Similar pages
27-2B-5
Section 27-2B-5 Regulatory action level event; commissioner's duties; determination of corrective
actions; retention of consultants. (a) "Regulatory action level event" means, with
respect to any insurer, any of the following events: (1) The filing of an RBC report by the
insurer which indicates that the insurer's total adjusted capital is greater than or equal
to its authorized control level RBC but less than its regulatory action level RBC. (2) The
notification by the commissioner to an insurer of an adjusted RBC report that indicates the
event in subdivision (1), provided the insurer does not challenge the adjusted RBC report
under Section 27-2B-8. (3) If, pursuant to Section 27-2B-8, the insurer challenges an adjusted
RBC report that indicates the event in subdivision (1), the notification by the commissioner
to the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
(4) The failure of the insurer to file an RBC report by the filing date, unless...
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27-41-2
Section 27-41-2 Definitions. As used in this chapter, the following terms shall have the respective
meanings herein set forth, unless the context shall otherwise require: (1) ALABAMA INSURANCE
CODE. Title 27 of this code. (2) INSURER. The term shall have the meaning ascribed in Section
27-1-2 and shall include health maintenance organizations. (3) PERSON. The term shall have
the meaning ascribed in Section 27-1-2. (4) COMMISSIONER and DEPARTMENT. The terms, respectively,
shall have the meanings ascribed in Section 27-1-2. (5) INVESTMENT. Any asset owned by an
insurer. (6) ELIGIBLE INVESTMENT. Any investment permitted by Sections 27-41-7 to 27-41-35,
inclusive, provided the investment meets all the other requirements of this chapter. (7) DOMESTIC
INSURER, FOREIGN INSURER, and ALIEN INSURER. The terms shall have the meanings ascribed in
Section 27-1-2 and shall include health maintenance organizations. (8) ADMITTED ASSET. Any
asset of an insurer permitted by the Commissioner of Insurance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-41-2.htm - 1K - Match Info - Similar pages
27-27-44
Section 27-27-44 Conversion of mutual insurer into stock insurer. (a) A mutual insurer may
become a stock insurer under such plan and procedure as may be approved by the commissioner
after a hearing thereon. (b) The commissioner shall not approve any such plan or procedure
unless: (1) It is equitable to the insurer's members; (2) It is subject to approval by vote
of not less than three-fourths of the insurer's current members voting thereon in person,
by proxy, or by mail at a meeting of members called for the purpose pursuant to such reasonable
notice and procedure as may be approved by the commissioner; if a life insurer, right to vote
may be limited to members who hold policies other than term or group policies and whose policies
have been in force for not less than one year; (3) The equity of each policyholder in the
insurer is determinable under a fair formula approved by the commissioner, which such equity
shall be based upon not less than the insurer's entire surplus, after...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-27-44.htm - 3K - Match Info - Similar pages
27-2B-8
Section 27-2B-8 Right to departmental hearing; notification of request for hearing. (a) An
insurer shall have the right to a departmental hearing, on the record, at which the insurer
may challenge a determination or action by the commissioner upon any of the following: (1)
Notification to an insurer by the commissioner of an adjusted RBC report. (2) Notification
to an insurer by the commissioner that: a. The insurer's RBC plan or revised RBC plan is unsatisfactory.
b. The notification constitutes a regulatory action level event with respect to the insurer.
(3) Notification to any insurer by the commissioner that the insurer has failed to adhere
to its RBC plan or revised RBC plan and that the failure has a substantial adverse effect
on the ability of the insurer to eliminate the company action level event with respect to
the insurer in accordance with its RBC plan or revised RBC plan. (4) Notification to an insurer
by the commissioner of a corrective order with respect to the insurer....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-2B-8.htm - 1K - Match Info - Similar pages
27-27-43
Section 27-27-43 Mutualization of stock insurers. (a) A stock insurer other than a title insurer
may become a mutual insurer under such plan and procedure as may be approved by the commissioner
after a hearing thereon. (b) The commissioner shall not approve any such plan, procedure,
or mutualization unless: (1) It is equitable to stockholders and policyholders; (2) It is
subject to approval by the holders of not less than three-fourths of the insurer's outstanding
capital stock having voting rights and by not less than three-fourths of the insurer's policyholders
who vote on such plan in person, by proxy, or by mail pursuant to such notice and procedure
as may be approved by the commissioner; (3) If a life insurer, the right to vote thereon is
limited to holders of policies other than term or group policies and whose policies have been
in force for more than one year; (4) Mutualization will result in retirement of shares of
the insurer's capital stock at a reasonable price as specified...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-27-43.htm - 2K - Match Info - Similar pages
27-3-21
Section 27-3-21 Suspension or revocation of certificates - Additional grounds; notice and hearing.
(a) The commissioner may, in his discretion, suspend or revoke an insurer's certificate of
authority if, after a hearing thereon, he finds that the insurer has willfully violated any
material provision of this title other than those for which suspension or revocation is mandatory
or has failed to pay applicable taxes with respect to a preceding calendar year as required
by this title. (b) The commissioner shall, after a hearing thereon, suspend or revoke an insurer's
certificate of authority if he finds that the insurer: (1) 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 transaction of insurance in this state hazardous to its policyholders
or to the public; (2) Has refused to be examined or to produce its accounts, records, and
files for examination or if any of its officers or agents have...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3-21.htm - 3K - Match Info - Similar pages
27-6A-5
Section 27-6A-5 Duties of insurer. Insurers shall have the following duties: (1) The insurer
shall have on file an independent financial examination, in a form acceptable to the commissioner,
of each managing general agent with which it has done business. (2) If a managing general
agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for losses incurred and outstanding
on business produced by the managing general agent. This is in addition to any other required
loss reserve certification. (3) The insurer shall periodically, and at least semi-annually,
conduct an onsite review of the underwriting and claims processing operations of the managing
general agent. (4) Binding authority for all reinsurance contracts or participation in insurance
or reinsurance syndicate shall rest with an officer of the insurer, who shall not be affiliated
with the managing general agent. (5) Within 30 days of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-6A-5.htm - 2K - Match Info - Similar pages
27-29-6
Section 27-29-6 Registered insurers - Examination of records, etc., of insurer or affiliates.
(a) Subject to the limitation contained in this section and in addition to the powers which
the commissioner has under Sections 27-2-7, 27-2-21, 27-2-23, and 27-2-26, relating to the
examination of insurers, the commissioner shall also have the power to examine any insurer
registered under Section 27-29-4 and its affiliates to ascertain the financial condition of
the insurer, including the enterprise risk to the insurer by the ultimate controlling party,
by any entity or combination of entities within the insurance holding company system, or by
the insurance holding company system on a consolidated basis. (b)(1) The commissioner may
order any insurer registered under Section 27-29-4 to produce such records, books, or other
information papers in the possession of the insurer or its affiliates as are reasonably necessary
to determine compliance with this title. (2) To determine compliance with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-29-6.htm - 3K - Match Info - Similar pages
27-3-23
Section 27-3-23 Suspension or revocation of certificates - Duration of suspension; obligations
of insurer during suspension; reinstatement. (a) Suspension of an insurer's certificate of
authority shall be for such period as is fixed by the commissioner in the order of suspension,
but not to exceed one year from the date of suspension, unless the commissioner shortens or
rescinds such suspension or the order upon which the suspension is based is modified, rescinded,
or reversed. (b) During the period of suspension the insurer shall file its annual statement,
pay fees, licenses and taxes as required under this title as if the certificate had continued
in full force, and it may service its outstanding policies and adjust losses thereunder. (c)
Upon expiration of the suspension period, if within such period the certificate of authority
has not otherwise terminated, the insurer's certificate of authority shall automatically reinstate
unless the commissioner finds that the causes of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3-23.htm - 2K - Match Info - Similar pages
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