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27-23-2
Section 27-23-2 Rights of judgment creditors. Upon the recovery of a final judgment against
any person, firm, or corporation by any person, including administrators or executors, for
loss or damage on account of bodily injury, or death or for loss or damage to property, if
the defendant in such action was insured against the loss or damage at the time when the right
of action arose, the judgment creditor shall be entitled to have the insurance money provided
for in the contract of insurance between the insurer and the defendant applied to the satisfaction
of the judgment, and if the judgment is not satisfied within 30 days after the date when it
is entered, the judgment creditor may proceed against the defendant and the insurer to reach
and apply the insurance money to the satisfaction of the judgment. (Acts 1953, No. 283, p.
350; Acts 1971, No. 407, p. 707, ยง485.)...
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27-25-4
Section 27-25-4 Title insurance agent; appointment; issuance of policies. (a) No person shall
act as a title insurance agent in this state unless licensed pursuant to this chapter. Nothing
herein contained shall be construed to prevent a title insurer licensed to do business in
this state, nor an employee thereof, from issuing a policy of title insurance in this state.
(b) Each title insurance agent acting on behalf of a title insurance company shall be appointed
by the title insurance company in accordance with this chapter. The commissioner shall collect
from the title insurer the fees set forth in Section 27-25-4.7 for each appointment. Nothing
herein contained shall be construed to require the issuance of an appointment as described
in this subsection to a title insurer licensed to do business in this state, nor an employee
thereof, for the purpose of issuing a policy of title insurance in this state. (c) Unless
a later date is specifically authorized by the title insurer for a...
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27-27-27
Section 27-27-27 Exclusive management and production of business contracts by domestic insurers.
(a) No domestic insurer shall hereafter make any contract whereby any person is granted or
is to enjoy in fact the management of the insurer to the substantial exclusion of its board
of directors or to have the controlling or preemptive right to produce substantially all insurance
business for the insurer, unless the contract is filed with, and approved by, the commissioner.
The contract shall be deemed approved unless disapproved by the commissioner within 20 days
after date of filing, subject to such reasonable extension of time as the commissioner may
require by notice given within such 20 days. Any disapproval shall be delivered to the insurer
in writing, stating the grounds therefor. (b) Any such contract shall provide that any such
manager or producer of its business shall, within 90 days after expiration of each calendar
year, furnish the insurer's board of directors a written...
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27-34-45
Section 27-34-45 Misrepresentations. No person shall cause or permit to be made, issued, or
circulated in any form: (1) Any misrepresentation or false or misleading statement concerning
the terms, benefits, or advantages of any fraternal insurance contract now issued, or to be
issued, in this state or the financial condition of any society; (2) Any false or misleading
estimate or statement concerning the dividends or shares of surplus paid, or to be paid, by
any society on any insurance contract; or (3) Any incomplete comparison of an insurance contract
of one society with an insurance contract of another society or insurer for the purpose of
inducing the lapse, forfeiture, or surrender of any insurance contract. A comparison of insurance
contracts is incomplete: a. If it does not compare in detail: 1. The gross rates and the gross
rates less any dividend or other reduction allowed at the date of the comparison; and 2. Any
increase in cash values and all the benefits provided by each...
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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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27-5B-8
Section 27-5B-8 Certified reinsurer. (a) Credit shall be allowed when the reinsurance is ceded
to an assuming insurer that is certified by the commissioner as a reinsurer in this state
and secures its obligations in accordance with the requirements of this section. In order
to be eligible for certification, the assuming insurer shall meet all of the following requirements:
(1) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance
in a qualified jurisdiction, as determined by the commissioner pursuant to subsection (c).
(2) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in
an amount to be determined by the commissioner pursuant to regulation. (3) The assuming insurer
must maintain financial strength ratings from two or more rating agencies deemed acceptable
by the commissioner pursuant to regulation. (4) The assuming insurer must agree to submit
to the jurisdiction of this state, appoint the commissioner as its agent...
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27-6A-2
Section 27-6A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACTUARY. A person
who is a member in good standing of the American Academy of Actuaries. (2) INSURER. A person
defined in subdivisions (2) and (3) of Section 27-1-2. (3) MANAGING GENERAL AGENT. Any person,
firm, or association who does both of the following: a. Manages all or part of the insurance
business of an insurer, including the management of a separate division, department, or underwriting
office. b. Acts as a producer for an insurer whether known as a managing general agent, manager,
or other similar term, who, with or without the authority, either separately or together with
affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written
premium equal to or more than five percent of the policyholder surplus as reported in the
last annual statement of the insurer in any one...
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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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27-12-12
Section 27-12-12 Life, annuity, and disability insurance - Agreements not expressed in contract,
rebates, and other inducements. (a) No person shall knowingly permit or offer to make, or
make, any contract of life insurance, annuity or disability insurance or agreement as to such
contract other than as plainly expressed in the contract issued thereon, or pay or allow,
or give or offer to pay, allow or give, directly or indirectly, as an inducement to such insurance
or annuity any rebate of premiums payable on the contract, or any special favor or advantage
in the dividends or other benefits thereon, or any paid employment or contract for services
of any kind, or any valuable consideration or inducement whatever not specified in the contract,
or, directly or indirectly, give, or sell, or purchase, or offer, or agree to give, sell,
purchase, or allow as inducement to such insurance or annuity or in connection therewith,
and whether or not to be specified in the policy or contract, any...
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27-15-7
Section 27-15-7 Life insurance policy provisions - Dividends. There shall be a provision in
participating policies that, beginning not later than the end of the third policy year, the
insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue
on the policy anniversary or other dividend date specified in the policy, provided the policy
is in force and all premiums to that date are paid. Except as provided in this section, any
dividend becoming payable shall, at the option of the party entitled to elect such option,
be either: (1) Payable in cash; or (2) Applied to any one of such other dividend options as
may be provided by the policy. If any such other dividend options are provided, the policy
shall further state which option shall be automatically effective if such party shall not
have elected some other option. If the policy specifies a period within which such other dividend
option may be elected, such period shall be not less than 30 days...
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