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27-32-31
Section 27-32-31 Claims upon liquidation of insurer - Time to file. (a) If, upon the granting
of an order of liquidation under this chapter or at any time thereafter during the liquidation
proceedings, the insurer shall not be clearly solvent, the court shall, after such notice
and hearing as it deems proper, make an order declaring the insurer to be insolvent. Thereupon,
regardless of any prior notice which may have been given to creditors, the commissioner shall
notify all persons who may have claims against the insurer and who have not filed proper proofs
thereof to present the same to him at a place specified in such notice, within four months
from the date of entry of such order or, if the commissioner certifies that it is necessary,
within such longer time as the court shall prescribe. The last day for filing of proofs of
claims shall be specified in the notice, and notice shall be given in a manner to be determined
by the court. (b) Proofs of claim may be filed subsequent to the...
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27-5B-16
Section 27-5B-16 Insolvency clause. Except as provided in Section 27-5B-17, no credit shall
be allowed, as an admitted asset or deduction from liability, to any ceding insurer for reinsurance
placed with a reinsurer qualified under this chapter, unless the reinsurance contract provides,
in substance, that in the event of the insolvency of the ceding insurer, the reinsurance shall
be payable under a contract reinsured by the assuming insurer on the basis of reported claims
allowed by the liquidation court, without diminution because of the insolvency of the ceding
insurer. The payments shall be made directly to the ceding insurer or to its domiciliary liquidator
except in either of the following instances: (1) Where the contract or other written agreement
specifically provides another payee of the reinsurance in the event of the insolvency of the
ceding insurer. (2) Where the assuming insurer, with the consent of the direct insured, has
assumed the policy obligations of the ceding...
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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...
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27-31B-2
Section 27-31B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates otherwise: (1) AFFILIATED COMPANY. Any company
in the same corporate system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management. (2) ALIEN CAPTIVE INSURANCE
COMPANY. Any insurance company formed to write insurance business for its parents and affiliates
and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory
standards in a form acceptable to the commissioner on companies transacting the business of
insurance in that jurisdiction. (3) ASSOCIATION. Any legal association of individuals, corporations,
limited liability companies, partnerships, associations, or other entities whereby either
of the following exists: a. The member organizations of which, or the association itself,
whether or not in conjunction with some or all of the...
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27-6B-2
Section 27-6B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCREDITED STATE.
A state in which the Department of Insurance meets the minimum financial qualifications and
regulatory standards promulgated and established, from time to time, by the National Association
of Insurance Commissioners. (2) COMMISSIONER. The Commissioner of Insurance. (3) CONTROL or
CONTROLLED. The same as defined in Section 27-29-1. (4) CONTROLLED INSURER. A licensed insurer
who is controlled, directly or indirectly, by a producer. (5) CONTROLLING PRODUCER. A producer
who, directly or indirectly, controls an insurer. (6) LICENSED INSURER or INSURER. Any person,
firm, association, or corporation duly licensed to transact a property and casualty insurance
business in this state. For the purposes of this chapter, the following are not licensed insurers:
a. A residual market pool and a joint...
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40-14A-23
Section 40-14A-23 Definition of net worth. (a) Net worth of corporation. The net worth of a
corporation shall equal the aggregate net amount of the following items determined as of the
first day of the corporation's taxable year and adjusted as required in this article: (1)
In the case of a corporation, the sum of the following: a. The issued capital stock and any
additional paid-in capital, without reduction for treasury stock; and b. Retained earnings,
but not less than zero, which shall include any amounts designated for the payment of dividends
until the amounts are definitely and irrevocably placed to the credit of stockholders subject
to withdrawal on demand, and (2) In the case of an entity taxed as a corporation under this
article that does not issue stock, the difference between the book value of the entity's assets
and liabilities, but not less than zero. (b) Net worth of limited liability entities. The
net worth of a limited liability entity shall be an amount equal to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14A-23.htm - 10K - Match Info - Similar pages
25-5-255
Section 25-5-255 Insolvency fund. Upon receipt of the funds assessed on members, the association
may set aside funds for the administration of its affairs, and the balance of the funds shall
be deposited to an insolvency fund under the following terms: (1) The fund is created for
the purpose of assuring payment of workers' compensation claims against members of the association
who become insolvent; but only those claims which accrue while the insolvent employer is a
member of the association and accrue prior to the determination of insolvency or within 30
days thereafter. The obligation of the fund shall be limited to the obligation of the insolvent
employer under the Workers' Compensation Act, in an amount not to exceed 150 percent of the
amount of security as determined by the department as of the last annual financial review.
The fund shall have all defenses of and shall be subrogated to all rights of the insolvent
employer. The fund shall not be liable for any penalties or interest...
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27-42-8.1
Section 27-42-8.1 Maximum assessment. (a) Notwithstanding the one percent maximum assessment
set forth in subdivision (3) of subsection (a) of Section 27-42-8, no member insurer may be
assessed in any one year for the workers' compensation account an amount greater than two
percent of that member insurer's net direct written premiums for workers' compensation insurance
for the calendar year preceding the assessment. (b) The provisions of this section shall apply
to the Alabama Insurance Guaranty Association's obligations under policies of insolvent insurers
as they exist on and after May 19, 2008. (Act 2008-460, p. 894, ยง1.)...
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32-7A-2
Section 32-7A-2 Definitions. (a) For the purposes of this chapter, the following terms shall
have the following meanings respectively ascribed to them in this section, except in those
instances where the context clearly indicates a different meaning: (1) CERTIFICATE OF INSURANCE.
A document issued by an insurer or its authorized representative showing that a specific vehicle
is insured for no less than the minimum limits of liability coverage for bodily injury or
death and for destruction of property under subsection (c) of Section 32-7-6. (2) COMMERCIAL
AUTOMOBILE LIABILITY INSURANCE POLICY. An insurance policy that: a. Is written on either a
commercial coverage or other commercially rated personal policy form, including, but not limited
to, a commercial auto, garage, or truckers form, and is not dependent on the type, number,
or ownership of vehicle or entity covered or insured. b. Insures vehicles that are not identified
individually by vehicle identification number on the policy....
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27-21A-12
Section 27-21A-12 Protection against insolvency. (a) Unless otherwise provided below, each
health maintenance organization shall deposit with the commissioner, or with any organization
or trustee acceptable to him through which a custodial or controlled account is utilized,
cash, securities, or any combination of these or other measures acceptable to him in the amount
set forth in this section. (b) The amount for an organization that is beginning operation
shall be the greater of: (1) five percent of its estimated expenditures for health care services
for its first year of operation, (2) twice its estimated average monthly uncovered expenditures
for its first year of operation, or (3) $100,000. At the beginning of each succeeding year,
unless not applicable, the organization shall deposit with the commissioner, or organization,
or trustee, cash, securities, or any combination of these or other measures acceptable to
the commissioner, in an amount equal to four percent of its estimated...
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