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11-91-2
Section 11-91-2 Contracting for and purchase of insurance policies generally; requirements
as to amounts of insurance under policies and coverage of policies. (a) All such governing
bodies shall have authority to contract for and purchase any or all such policies of insurance
from any insurer or insurers admitted to transact the business of such insurance in the State
of Alabama, and the governing bodies of all state colleges and universities shall have, in
addition to powers previously granted, the authority to contract for and purchase any or all
such policies of insurance from any nonprofit corporation organized and operated without profit
to any private shareholder or individual exclusively for the purpose of aiding or strengthening
educational institutions by issuing insurance and annuity contracts only to or for the benefit
of such institutions and individuals engaged in the services of such institutions. (b) The
amounts of insurance under any such policy must be based upon some...
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27-14-6
Section 27-14-6 Application for policy - Requirement; reliance by insurer; admissibility into
evidence; alterations. (a) No life or disability insurance contract upon an individual, except
a contract of group life insurance or of group or blanket disability insurance, shall be made
or effectuated unless at the time of the making of the contract the individual insured, being
of competent legal capacity to contract, applies therefor or has consented thereto, except
in the following cases: (1) A spouse may effectuate such insurance upon the other spouse;
(2) Any person having an insurable interest in the life of a minor or any person upon whom
a minor is dependent for support and maintenance may effectuate insurance upon the life of,
or pertaining to, such minor; and (3) Family policies may be issued insuring any two or more
members of a family on an application signed by either parent, a stepparent or by a husband
or wife; (b) An insurer shall be entitled to rely upon all statements,...
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27-41-24
Section 27-41-24 Particular investments - Loans secured by pledges of securities or pledges
or assignments of life insurance policies. An insurer may invest in loans with a maturity
not in excess of five years from the date thereof which are secured by pledge of securities
eligible for investment under this chapter or by the pledge or assignment of life insurance
policies issued by insurers authorized to transact insurance in this state. On the date made,
no such loan shall exceed in amount 75 percent of the market value of the collateral pledged;
except, that loans upon the pledge of United States government bonds and loans upon the pledge
or assignment of life insurance policies shall not exceed 95 percent of the market value of
the bonds or the cash surrender value of the policies pledged. The amount so loaned shall
be included in the maximum amount of funds permitted under this chapter to be invested in
a single person. (Acts 1977, No. 408, p. 530, ยง24.)...
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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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27-14-32
Section 27-14-32 Exemption from debt of proceeds - Annuity contracts. (a) The benefits, rights,
privileges, and options which under any annuity contract, heretofore or hereafter issued,
are due or prospectively due the annuitant shall not be subject to execution, nor shall the
annuitant be compelled to exercise any such rights, powers, or options, nor shall creditors
be allowed to interfere with or terminate the contract, except: (1) As to amounts paid for
or as premium on any such annuity with intent to defraud creditors, with interest thereon,
and of which the creditor has given the insurer written notice at its home office prior to
the making of the payments to the annuitant out of which the creditor seeks to recover. Any
such notice shall specify the amount claimed, or such facts as will enable the insurer to
ascertain such amount, and shall set forth such facts as will enable the insurer to ascertain
the insurance or annuity contract, the person insured or annuitant and the...
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27-14-7
Section 27-14-7 Application for policy - Representations and misrepresentations, etc. (a) All
statements and descriptions in any application for an insurance policy or annuity contract,
or in negotiations therefor, by, or in behalf of, the insured or annuitant shall be deemed
to be representations and not warranties. Misrepresentations, omissions, concealment of facts
and incorrect statements shall not prevent a recovery under the policy or contract unless
either: (1) Fraudulent; (2) Material either to the acceptance of the risk or to the hazard
assumed by the insurer; or (3) The insurer in good faith would either not have issued the
policy or contract, or would not have issued a policy or contract at the premium rate as applied
for, or would not have issued a policy or contract in as large an amount or would not have
provided coverage with respect to the hazard resulting in the loss if the true facts had been
made known to the insurer as required either by the application for the...
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27-36A-3
Section 27-36A-3 Reserve valuation. (a) Policies and contracts issued prior to the operative
date of the valuation manual. (1) The commissioner shall annually value, or cause to be valued,
the reserve liabilities, hereinafter called reserves, for all outstanding life insurance policies
and annuity and pure endowment contracts of every life insurance company doing business in
this state issued on or after January 1, 1972, and prior to the operative date of the valuation
manual. In calculating reserves, the commissioner may use group methods and approximate averages
for fractions of a year or otherwise. In lieu of the valuation of the reserves required of
any foreign or alien insurer, the commissioner may accept any valuation made, or caused to
be made, by the insurance supervisory official of any state or other jurisdiction when valuation
complies with the minimum standard provided in this chapter. (2) The provisions set forth
in Sections 27-36A-5, 27-36A-6, 27-36A-7, 27-36A-8,...
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27-40-12
Section 27-40-12 Return of gross unearned premiums upon cancellation of contract. (a) Whenever
a financed insurance contract is cancelled, the insurer shall return whatever gross unearned
premiums are due under the insurance contract to the premium finance company, either directly
or via the agent or surplus lines broker placing the insurance, for the account of the insured
or insureds as soon as reasonably possible, but in any event no later than 30 days after the
effective date of cancellation. (b) In the event that the crediting of return premiums to
the account of the insured results in a surplus over the amount due from the insured, the
premium finance company shall refund the excess to the insured or the agent or surplus lines
broker, within 30 days after receipt by the premium finance company with the check or draft
made payable to the agent or surplus lines broker and to the insured, provided that no refund
shall be required if it amounts to less than one dollar ($1). (Acts...
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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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27-1-2
Section 27-1-2 Definitions. For the purposes of this title, the following terms shall have
the meanings respectively ascribed to them by this section. (1) INSURANCE. A contract whereby
one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable
contingencies. (2) INSURER. Every person engaged as indemnitor, surety, or contractor in the
business of entering into contracts of insurance. (3) PERSON. An individual, insurer, company,
association, organization, Lloyd's insurer, society, reciprocal insurer or interinsurance
exchange, partnership, syndicate, business trust, corporation, and every legal entity. (4)
COMMISSIONER. The Commissioner of Insurance of this state. (5) DEPARTMENT. The Department
of Insurance of this state. (6) DOMESTIC INSURER. One formed under the laws of this state.
(7) FOREIGN INSURER. One formed under the laws of any jurisdiction other than this state.
Except where distinguished by context, "foreign" insurers includes also...
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