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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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27-5A-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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27-5A-9
Section 27-5A-9 Duties of reinsurers utilizing services of reinsurance intermediary-manager.
(a) A reinsurer shall not engage the services of any person, firm, association, or corporation
to act as a reinsurance intermediary-manager on its behalf unless such person is licensed
as required by subsection (b) of Section 27-5A-3. (b) The reinsurer shall annually obtain
a copy of statements of the financial condition of each reinsurance intermediary-manager which
such reinsurer has engaged prepared by an independent certified accountant in a form acceptable
to the commissioner. (c) If a reinsurance intermediary-manager establishes loss reserves,
the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of
loss reserves established for losses incurred and outstanding on business produced by the
reinsurance intermediary-manager. This opinion shall be in addition to any other required
loss reserve certification. (d) Binding authority for all retrocessional...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
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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27-11-2
Section 27-11-2 Prohibition against transaction of insurance business, etc., in state without
license; exceptions. It shall be unlawful for any insurer to transact the business of insurance
in this state or to enter into a contract for insurance in this state without first obtaining
a license or certificate of authority from the commissioner. This unauthorized insurers law
shall not apply to: (1) Contracts of insurance procured pursuant to the surplus line insurance
law; (2) Transactions in this state involving contracts of insurance lawfully entered into,
written and the policy delivered outside of this state covering subjects of insurance not
resident, located or expressly to be performed in this state at the time of issuance and transactions
subsequent to the making of such contract and the issuance of such policy; (3) Reinsurance
contracts; (4) Transactions in this state involving group or blanket insurance and group annuities
where the master policy or contract was lawfully issued...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-2.htm - 2K - Match Info - Similar pages
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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27-6A-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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27-7-1
with or offering advice directly to a purchaser or prospective purchaser of a particular contract
of insurance concerning any of the substantive benefits, terms, or conditions of the contract,
provided that the person engaged in that act either sells insurance or obtains insurance from
insurers for purchasers. (17) PERSON. An individual or a business entity. (18) PROPERTY LINES
OF AUTHORITY. Any one or more of the following lines as defined in Section 27-7-14.1: Property;
casualty; and personal lines. (19) SELL. To exchange a contract of insurance by any
means, for money or its equivalent, on behalf of an insurance company. (20) SERVICE REPRESENTATIVE.
A natural person, other than an officer, manager, or managing general agent of the insurer,
employed on salary or at an hourly rate by an insurer, managing general agent, or a captive
producer to work for, with or through producers in selling, soliciting, or negotiating insurance
in the insurer or in the insurers represented by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-7-1.htm - 7K - 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...
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