27-5A-4
Section 27-5A-4 Required contract provisions; reinsurance intermediary-brokers. Transactions
between a reinsurance intermediary-broker and the insurer it represents in that capacity shall
only be entered into pursuant to a written authorization, specifying the responsibilities
of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate
the reinsurance intermediary-broker's authority at any time. (2) The reinsurance intermediary-broker
shall render accounts to the insurer accurately detailing all material transactions, including
information necessary to support all commissions, charges, and other fees received by, or
owing, to the reinsurance intermediary-broker, and remit all funds due to the insurer within
30 days of receipt. (3) All funds collected for the insurer's account shall be held by the
reinsurance intermediary-broker in a fiduciary capacity in a bank which is a qualified U.S.
financial institution as defined herein. (4) The reinsurance...
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27-5A-7
Section 27-5A-7 Required contract provisions; reinsurance intermediary-managers. Transactions
between a reinsurance intermediary-manager and the reinsurer it represents in that capacity
shall only be entered into pursuant to a written contract, specifying the responsibilities
of each party, which shall be approved by the reinsurer's board of directors. At least 30
days before a reinsurer assumes or cedes business through a producer, a true copy of the approved
contract shall be filed with the commissioner for approval. The contract shall, at a minimum,
provide that: (1) The reinsurer may terminate the contract for cause upon written notice to
the reinsurance intermediary-manager. The reinsurer may immediately suspend the authority
of the reinsurance intermediary-manager to assume or cede business during the pendency of
any dispute regarding the cause for termination. (2) The reinsurance intermediary-manager
shall render accounts to the reinsurer accurately detailing all material...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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27-5A-3
Section 27-5A-3 Licensure. (a) No person, firm, association, or corporation shall act as a
reinsurance intermediary-broker in this state if the reinsurance intermediary-broker maintains
an office either directly, or as a member or employee of a firm or association, or an officer,
director, or employee of a corporation: (1) In this state, unless the reinsurance intermediary-broker
is a licensed producer in this state. (2) In another state, unless the reinsurance intermediary-broker
is a licensed producer in this state or another state having a law substantially similar to
this law or the reinsurance intermediary-broker is licensed in this state as a nonresident
reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a
reinsurance intermediary-manager: (1) For a reinsurer domiciled in this state, unless the
reinsurance intermediary-manager is a licensed producer in this state. (2) In this state,
if the reinsurance intermediary-manager maintains an office...
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27-5A-6
Section 27-5A-6 Duties of insurers utilizing the services of a reinsurance intermediary-broker.
(a) An insurer shall not engage the services of any person, firm, association, or corporation
to act as a reinsurance intermediary-broker on its behalf unless the person is licensed as
required by subsection (a) of Section 27-5A-3. (b) An insurer may not employ an individual
who is employed by a reinsurance intermediary-broker with which it transacts business, unless
such reinsurance intermediary-broker is under common control with the insurer and subject
to Chapter 29, Title 27. (c) The insurer shall annually obtain a copy of statements of the
financial condition of each reinsurance intermediary-broker with which it transacts business.
(Acts 1993, No. 93-673, p. 1215, §6.)...
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27-5A-5
Section 27-5A-5 Books and records; reinsurance intermediary-brokers. (a) For at least 10 years
after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker,
the reinsurance intermediary-broker shall keep a complete record for each transaction showing
all of the following: (1) The type of contract, limits, underwriting restrictions, classes,
or risks and territory. (2) Period of coverage, including effective and expiration dates,
cancellation provisions, and notice required of cancellation. (3) Reporting and settlement
requirements of balances. (4) Rate used to compute the reinsurance premium. (5) Names and
addresses of assuming reinsurers. (6) Rates of all reinsurance commissions, including the
commissions on any retrocessions handled by the reinsurance intermediary-broker. (7) Related
correspondence and memoranda. (8) Proof of placement. (9) Details regarding retrocessions
handled by the reinsurance intermediary-broker including the identity of...
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27-5A-2
Section 27-5A-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) COMMISSIONER. The
Alabama Commissioner of Insurance. (3) CONTROLLING PERSON. Any person, firm, association,
or corporation who directly or indirectly has the power to direct or cause to be directed,
the management, control, or activities of the reinsurance intermediary. (4) INSURER. Any person,
firm, association, or corporation duly licensed in this state pursuant to the applicable provisions
of the insurance law as an insurer. (5) LICENSED PRODUCER. An insurance producer or reinsurance
intermediary licensed pursuant to the applicable provision of the insurance law. (6) QUALIFIED
U.S. FINANCIAL INSTITUTION. An institution that: a. Is organized or, in the case of a U.S.
office of a foreign banking organization, licensed,...
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27-6A-4
Section 27-6A-4 Contract requirements. No person, firm, association, or corporation acting
in the capacity of a managing general agent shall place business with an insurer unless there
is in force a written contract between the parties that sets forth the responsibilities of
each party and where both parties share responsibility for a particular function, specifies
the division of such responsibilities, and that contains the following minimum provisions:
(a) The insurer may terminate the contract for cause upon written notice to the managing general
agent. The insurer may suspend the underwriting authority of the managing general agent during
the pendency of any dispute regarding the cause for termination. (b) The managing general
agent shall render accounts to the insurer detailing all transactions and remit all funds
due under the contract to the insurer on not less than a monthly basis. (c) All funds collected
for the account of an insurer will be held by the managing general agent...
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27-7-1
Section 27-7-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) BUSINESS ENTITY. A corporation,
association, partnership, limited liability company, limited liability partnership, or other
legal entity. (2) COMMISSIONER. The Alabama Commissioner of Insurance. (3) HOME STATE. The
District of Columbia and any state or territory of the United States in which an insurance
producer maintains his or her principal place of residence or principal place of business
and is licensed to act as an insurance producer. (4) INSURANCE. As defined in Section 27-1-2.
(5) INSURANCE PRODUCER or PRODUCER. A person required to be licensed under the laws of this
state to sell, solicit, or negotiate insurance. (6) INSURER. As defined in Section 27-1-2.
For the purposes of this chapter, insurer shall also mean an insurance company licensed pursuant
to Chapter 3, commencing with Section 27-3-1 of this title; a health...
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27-4-2
Section 27-4-2 Advance fees, licenses, and miscellaneous charges. (a) The Commissioner of Insurance
shall collect in advance fees, licenses, and miscellaneous charges as follows: (1) Certificate
of authority: a. Initial application for original certificate of authority, including the
filing with the commissioner of all documents incidental thereto ..... $500 b. Issuance of
original certificate of authority ..... 500 c. Annual continuation or renewal fee ..... 500
d. Reinstatement fee ..... 500 (2) Charter documents, filing with the commissioner amendment
to articles of incorporation or of association, or of other charter documents or to bylaws
..... 25 (3) Solicitation permit, filing application and issuance ..... 250 (4) Annual statement
of insurer, except when filed as part of application for original certificate of authority,
filing ..... 25 (5) Producer license (resident or nonresident): a. Individuals: 1. Application
fee (For filing of initial application for license) ..... 30 2....
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