Code of Alabama

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27-42-12
Section 27-42-12 Exhaustion of rights; nonduplication of recovery. (a) Any person having
a claim under an insurance policy, whether or not it is a policy issued by a member insurer,
where the claim under the other policy arises from the same facts, injury, or loss that gave
rise to the covered claim against the association, shall be required first to exhaust all
coverage provided by any such policy. Any amount payable on a covered claim under this chapter
shall be reduced by the full applicable limits stated in the other insurance policy and the
association shall receive a full credit for the stated limits, or, where there are no applicable
stated limits, the claim shall be reduced by the total recovery. Notwithstanding the foregoing,
no person shall be required to exhaust any right under the policy of an insolvent insurer.
(1) A claim under a policy providing liability coverage to a person who may be jointly and
severally liable with, or a joint tortfeasor with, the person covered...
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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ACCOUNT. Any one of the three accounts created by Section 27-42-6. (2) AFFILIATE. A
person who directly, or indirectly, through one or more intermediaries, controls, is controlled
by, or is under common control with another person on December 31 of the year immediately
preceding the date the insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama
Insurance Guaranty Association created under Section 27-42-6. (4) CLAIMANT. Any insured
making a first party claim or any person instituting a liability claim. The term does not
include a person who is an affiliate of an insolvent insurer. (5) COMMISSIONER. The Commissioner
of Insurance of the State of Alabama. (6) CONTROL. The possession, direct or indirect, of
the power to direct or cause the direction of the management and policies of a person, whether...

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35-8A-313
Section 35-8A-313 Insurance. (a) Commencing not later than the time of the first conveyance
of a unit to a person other than a declarant, the association shall maintain, to the extent
reasonably available: (1) Property insurance on the common elements insuring against all risks
of direct physical loss commonly insured against or, in the case of a conversion building,
against fire and extended coverage perils. The total amount of insurance after application
of any deductibles shall be not less than the greater of 80 percent of the actual cash value
of the insured property at the time the insurance is purchased or such greater percentage
of such actual cash value as may be necessary to prevent the applicability of any co-insurance
provision and at each renewal date, exclusive of land, excavations, foundations, and other
items normally excluded from property policies; and (2) Liability insurance, including medical
payments insurance, in an amount determined by the board but not less than...
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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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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering
under this chapter shall be deemed to have assigned his or her rights under the policy to
the association to the extent of his or her recovery from the association. Every insured or
claimant seeking the protection of this chapter shall cooperate with the association to the
same extent as such person would have been required to cooperate with the insolvent insurer.
The association shall have no cause of action against the insured of the insolvent insurer
for any sums it has paid out except for those causes of action the insolvent insurer would
have had if such sums had been paid by the insolvent insurer and except as provided in subsections
(d), (e), (f), (g), and (h) below. In the case of an insolvent insurer operating on a plan
with assessment liability, payments of claims of the association may not operate to reduce
the liability of insureds to the receiver, liquidator, or statutory successor for...
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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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32-7C-2
Section 32-7C-2 Insurance requirements. (a) On or before October 30, 2016, and thereafter,
a TNC driver or a TNC on the behalf of the TNC driver shall maintain primary automobile insurance
that recognizes that the driver is a TNC driver or otherwise uses a vehicle to transport riders
for compensation and covers the driver under both of the following circumstances: (1) While
the TNC driver is logged onto the digital network of a TNC. (2) While the TNC driver is engaged
in a prearranged ride. (b)(1) The following automobile insurance requirements shall apply
while a participating TNC driver is logged on to the digital network of a TNC and is available
to receive transportation requests but is not engaged in a prearranged ride: a. Primary automobile
liability insurance in the amount of at least fifty thousand dollars ($50,000) for death and
bodily injury per person, one hundred thousand dollars ($100,000) for death and bodily injury
per incident, and twenty-five thousand dollars ($25,000)...
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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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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Interstate Insurance Product
Regulation Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of
joint and cooperative action among the compacting states: 1. To promote and protect the interest
of consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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35-12-72
Section 35-12-72 Presumption of abandonment. (a) Property is presumed abandoned if it
is unclaimed by the apparent owner during the time set forth below for the particular property:
(1) Traveler's checks, 15 years after issuance. (2) Money order, five years after issuance.
(3) A demand, savings, or time deposit including a deposit that is automatically renewable,
three years after the earlier of maturity, as extended from time to time, or the date of the
last indication by the apparent owner of interest in the property. (4) Tangible and intangible
property held in a safe deposit box or other safekeeping depository in this state in the ordinary
course of the holder's business and proceeds resulting from the sale of the property permitted
by other law, three years after expiration of the lease or rental period on the box or other
depository. (5) Money or credits owed to a customer as a result of a retail business transaction,
one year after the obligation accrued. (6) Property in an...
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