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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-19.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-20.htm - 991 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-8.htm - 24K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-39.htm - 2K - Match Info - Similar pages
27-42-8
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 any one person shall constitute a single claim,
regardless of the number of claims made or the number of claimants. b. In no event shall the
association be obligated to pay a claimant an amount in excess of the obligation of the insolvent
insurer under the policy or coverage from which the claim arises. c. Notwithstanding any other
provisions of this chapter, a covered claim shall not include any claim filed with the association
after the earlier of: 1. Twenty-five months...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-8.htm - 10K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-37.htm - 1K - Match Info - Similar pages
27-44-14
Section 27-44-14 Liability of unpaid assessments; records of negotiations and meetings; association
deemed creditor of impaired or insolvent insurer; judicial distribution of ownership rights
of insolvent insurer; recovery by receiver of certain distributions from controlling affiliates.
(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments
of the insureds on an impaired or insolvent insurer operating under a plan with assessment
liability. (b) Records shall be kept of all negotiations and meetings in which the association
or its representatives are involved to discuss the activities of the association in carrying
out its powers and duties under Section 27-44-8. Records of such negotiations or meetings
shall be made public only upon the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon the termination of the impairment
or insolvency of the insurer, or upon the order of a...
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27-44-5
territories, or protectorates that do not have an association similar to the association created
by this chapter, shall be deemed residents of the state of domicile of the insurer that issued
the policies or contracts. (19) STATE. A state, the District of Columbia, Puerto Rico, and
a United States possession, territory, or protectorate. (20) STRUCTURED SETTLEMENT ANNUITY.
An annuity purchased in order to fund periodic payments for a plaintiff or other claimant
in payment for or with respect to personal injury suffered by the plaintiff
or other claimant. (21) SUPPLEMENTAL CONTRACT. A written agreement entered into for the distribution
of proceeds under a life, disability, or annuity policy or contract. (22) UNALLOCATED ANNUITY
CONTRACT. An annuity contract or group annuity certificate which is not issued to and owned
by an individual, except to the extent of any annuity benefits guaranteed to an individual
by an insurer under the contract or certificate. (Acts 1982, No. 82-561, p. 922,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-5.htm - 7K - Match Info - Similar pages
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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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...
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