Code of Alabama

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27-13-35
Section 27-13-35 Factors to be considered by commissioner in determining reasonableness, etc.,
of rates. In every case where, pursuant to the provisions of this article, the commissioner
is authorized or required to determine whether rates are reasonable and adequate and not unfairly
discriminatory, he shall consider: (1) The factors applied by insurers and rating organizations
generally in determining the bases for rates; (2) The financial condition of the insurer;
(3) The method of operation of such insurer; (4) The past loss experience of the insurer within
the state and without the state when necessary and may give consideration to prospective loss
experience within the state and without the state when necessary, over such period of years
as shall appear to be fairly representative of the frequency of the occurrence of the particular
hazard or peril, including, where pertinent, the conflagration and catastrophe hazards, if
any; (5) All factors reasonably related to the kind of...
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27-13-65
Section 27-13-65 Rate-making and making rating plans. Every rating organization and every insurer
which makes its own rates shall make rates that are not unreasonably high or inadequate for
the safety and soundness of the insurer and which do not unfairly discriminate between risks
in this state and shall, in rate-making and in making rating plans: (1) Adopt basis classifications,
which shall be used as the basis of all manual, minimum, class, schedule, or experience rates;
(2) Give consideration to past experience within the state and without the state, when necessary,
and due consideration may be given to prospective loss experience within the state and without
the state, when necessary, over such period of years as appears to be fairly representative
of the frequency of the occurrence of the particular risk; and (3) Give consideration to all
factors reasonably related to the kind of insurance involved, including a reasonable profit
for the insurer and, in the case of participating...
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27-29-6.2
Section 27-29-6.2 Group-wide supervisor for internationally active insurance group. (a)(1)
The commissioner may act as the group-wide supervisor for any internationally active insurance
group in accordance with this section. The commissioner may otherwise acknowledge another
regulatory official as the group-wide supervisor where the internationally active insurance
group meets any of the following: a. Does not have substantial insurance operations in the
United States. b. Has substantial insurance operations in the United States, but not in this
state. c. Has substantial insurance operations in the United States and this state, but the
commissioner has determined pursuant to the factors set forth in subsections (b) and (f) that
the other regulatory official is the appropriate group-wide supervisor. (2) An insurance holding
company system that does not otherwise qualify as an internationally active insurance group
may request that the commissioner make a determination or acknowledgment...
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27-29B-3
Section 27-29B-3 Disclosure requirement. (a) Not later than June 1 of each calendar year, an
insurer or the insurance group of which the insurer is a member, shall submit to the commissioner
a Corporate Governance Annual Disclosure that contains the information described in Section
27-29B-5. Notwithstanding any request from the commissioner made pursuant to subsection (c),
if the insurer is a member of an insurance group, the insurer shall submit the report required
by this section to the commissioner of the lead state for the insurance group in accordance
with the laws of the lead state as determined by the procedures outlined in the most recent
Financial Analysis Handbook adopted by the NAIC. (b) The CGAD shall include a signature of
the insurer or insurance group's chief executive officer or corporate secretary attesting
to the best of that individual's belief and knowledge that the insurer has implemented the
corporate governance practices and that a copy of the disclosure has been...
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27-13-27
Section 27-13-27 Rate-making and making rating systems. Every rating organization and every
insurer which makes its own rates shall make rates that are not unreasonably high or inadequate
for the safety and soundness of the insurer and which do not unfairly discriminate between
risks in this state involving essentially the same hazards and shall, in rate-making and in
making rating systems: (1) Adopt basis classifications, which shall be used as the basis of
all manual, minimum, class, schedule, or experience rates; (2) Adopt reasonable standards
for construction, for protective facilities and for other conditions that materially affect
the hazard or peril, which shall be applied in the determination or fixing of rates; (3) Give
consideration to past experience within the state and without the state when necessary, and
due consideration may be given to prospective loss experience within the state and without
the state when necessary, over such period of years as appears to be fairly...
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27-27-32
Section 27-27-32 Contingent liability of members of domestic mutual insurers - Levy of assessments.
(a) If at any time the assets of a domestic mutual insurer are less than its liabilities and
the minimum amount of surplus required to be maintained by it under this title for authority
to transact the kinds of insurance being transacted and the deficiency is not cured from other
sources, its directors shall levy an assessment only upon its members who held policies providing
for contingent liability at any time within the 12 months preceding the date notice of such
assessment was mailed to them, and such members shall be liable to the insurer for the amount
so assessed. (b) The assessment shall be for such an amount as is required to cure such deficiency
and to provide a reasonable amount of working funds above such minimum amount of surplus,
but such working funds so provided shall not exceed five percent of the insurer's liabilities
as of the date as of which the amount of such...
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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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27-31B-8
Section 27-31B-8 Formation of captive insurance companies in this state. (a) A pure captive
insurance company or a protected cell captive insurance company shall be formed as a stock
or mutual insurer, or as a nonprofit or limited liability company with its capital divided
into units and held by the stockholders, members, or other equivalent as allowed by law. (b)
An association captive insurance company, an industrial insured captive insurance company,
or a risk retention group may be formed in any of the following ways: (1) Organized as a stock
insurer with its capital divided into share units and held by the stockholders, members, or
other equivalent as allowed by law. (2) Organized as a mutual insurer without capital stock,
the governing body of which is elected by the member organizations of its association. (3)
Organized as a reciprocal insurer in accordance with Chapter 31 of this title. (4) Organized
as a manager-managed limited liability company. (c) A captive insurance...
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27-62-3
Section 27-62-3 Definitions. For purposes of this chapter, the following words have the following
meanings: (1) AUTHORIZED INDIVIDUAL. An individual known to and screened by the licensee and
determined to be necessary and appropriate to have access to the nonpublic information held
by the licensee and its information systems. (2) COMMISSIONER. The Commissioner of Insurance.
(3) CONSUMER. An individual, including, but not limited to, an applicant, policyholder, insured,
beneficiary, claimant, or certificate holder, who is a resident of this state and whose nonpublic
information is in the possession, custody, or control of a licensee. (4)a. CYBERSECURITY EVENT.
An event resulting in unauthorized access to, disruption, or misuse of an information system
or nonpublic information stored on an information system. b. The term cybersecurity event
does not include the unauthorized acquisition of encrypted nonpublic information if the encryption,
process, or key is not also acquired, released,...
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37-3-18
Section 37-3-18 Bond or other security. (a) No certificate or permit shall be issued to a motor
carrier or remain in force, and no motor carrier subject to the provisions of this chapter
shall engage in any operation on any highway of this state, unless such carrier complies with
such reasonable rules and regulations as the commission shall prescribe governing the filing
and approval of surety bonds, policies of insurance, qualifications as a self-insurer or other
securities or agreements, in such reasonable amounts as the commission may require, conditioned
to pay, within the amount of such surety bonds, policies of insurance, qualifications as a
self-insurer or other securities or agreements, any final judgment recovered against such
motor carrier for bodily injuries to or the death of any person resulting from the negligent
operation, maintenance or use of motor vehicles under certificate or permit or for loss or
damage to property of others. The commission shall, under such rules...
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