Code of Alabama

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15-22-1.1
by the Interstate Commission, but shall not be a member. (c) Corporate records of the Interstate
Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers,
executive director, and employees of the Interstate 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 or arising
out of any actual or alleged act, error or omission that occurred within the scope of Interstate
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 and wanton misconduct of any
such person. (2) The Interstate Commission shall defend the...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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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-10
Section 27-5A-10 Examination authority. (a) A reinsurance intermediary shall be subject to
examination by the commissioner. The commissioner shall have access to all books, bank accounts,
and records of the reinsurance intermediary in a form usable to the commissioner. (b) A reinsurance
intermediary-manager may be examined as if it were the reinsurer. (Acts 1993, No. 93-673,
p. 1215, §10.)...
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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-11
Section 27-5A-11 Penalties and liabilities. (a) A reinsurance intermediary, insurer, or reinsurer
found by the commissioner, after a hearing conducted in accordance with Section 27-2-28, to
be in violation of this chapter, shall: (1) For each separate violation, pay a penalty in
an amount not exceeding $5,000. (2) Be subject to revocation or suspension of its license.
(3) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary
shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer
or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such
violation. (b) The decision, determination, or order of the commissioner pursuant to subsection
(a) of this section shall be subject to judicial review pursuant to Section 27-2-32. (c) Nothing
contained in this section shall affect the right of the commissioner to impose any other penalties
provided in the insurance law. (d) Nothing contained in...
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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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27-5B-12
Section 27-5B-12 Accredited or certified reinsurer ceasing to meet requirements. (a) If an
accredited or certified reinsurer ceases to meet the requirements for accreditation or certification,
the commissioner may suspend or revoke the reinsurer's accreditation or certification. (b)
The commissioner must give the reinsurer notice and opportunity for hearing. The suspension
or revocation may not take effect until after the commissioner's order on hearing, unless
any of the following occurs: (1) The reinsurer waives its right to hearing. (2) The commissioner's
order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary
surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance
business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer
under subsection (f) of Section 27-5B-8. (3) The commissioner finds that an emergency requires
immediate action and a court of competent jurisdiction...
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41-28-9
Section 41-28-9 Transfer of powers, duties, personnel, equipment, funds, etc., to Office of
Information Technology. (a) Effective on the date specified in accordance with subsection
(d), the Information Services Division of the Department of Finance, which was established
on March 19, 1997, by the Director of Finance with the approval of the Governor pursuant to
Section 41-4-37, and which thereby assumed the authority, powers, and duties of, and succeeded
to, the divisions of Data Systems Management and Telecommunications of the Department of Finance,
is abolished. On such date, all powers, authority, and duties of the Information Services
Division, including, but not limited to, those authorities currently established in Articles
8 and 11 of Chapter 4 of this title, shall be transferred to the Office of Information Technology.
All references in any law or rule to the Division of Data Systems Management, the Telecommunications
Division, or the Information Services Division of the...
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27-2A-4
Section 27-2A-4 Nonrenewals, cancellations, or revisions of ceded reinsurance agreements. (a)
Materiality and scope. (1) No nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported pursuant to Section 27-2A-2 if the nonrenewals, cancellations,
or revisions are not material. For purposes of this section, a material nonrenewal, cancellation,
or revision is one that affects: a. As respects property and casualty business, including
accident and health business written by a property and casualty insurer: 1. More than 50 percent
of the insurer's total ceded written premium. 2. More than 50 percent of the insurer's total
ceded indemnity and loss adjustment reserves. b. As respects life, annuity, and accident and
health business: More than 50 percent of the total reserve credit taken for business ceded,
on an annualized basis, as indicated in the insurer's most recent annual statement. c. As
respects either property and casualty or life, annuity, and accident...
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