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27-5B-3
Section 27-5B-3 Credit allowed a domestic ceding insurer. Credit for reinsurance shall be allowed
a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance
ceded only when the reinsurer meets the requirements of Section 27-5B-4, 27-5B-5, 27-5B-6,
27-5B-7, 27-5B-8, or 27-5B-9. Credit shall be allowed under Sections 27-5B-4, 27-5B-5, or
27-B5-6 only as respects cessions of those kinds or classes of business which the assuming
insurer is licensed or otherwise permitted to write or assume in its state of domicile or,
in the case of a U.S. branch of an alien assuming insurer, in the state through which it is
entered and licensed to transact insurance or reinsurance. Credit shall be allowed under Section
27-5B-6 or 27-5B-7 only if the applicable requirements of Section 27-5B-10 have been satisfied.
(Act 2013-209, p. 463, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-3.htm - 1K - Match Info - Similar pages
27-5B-14
Section 27-5B-14 Asset or reduction from liability for reinsurance ceded by a domestic insurer
to an assuming insurer not meeting the requirements of Sections 27-5B-3 through 27-5B-13.
An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to
an assuming insurer not meeting the requirements of Section 27-5B-3, 27-5B-4, 27-5B-5, 27-5B-6,
27-5B-7, 27-5B-8, 27-5B-9, 27-5B-10, 27-5B-11, 27-5B-12, or 27-5B-13 shall be allowed in an
amount not exceeding the liabilities carried by the ceding insurer. The reduction shall be
in the amount of funds held by or on behalf of the ceding insurer, including funds held in
trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security
for the payment of obligations thereunder, if the security is held in the United States subject
to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the
case of a trust, held in a qualified U.S. financial institution, as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-14.htm - 2K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5A-5.htm - 2K - Match Info - Similar pages
27-42-18
Section 27-42-18 Stay of proceedings; access of board to records of insurers. All proceedings
in which the insolvent insurer is a party or is obligated to defend a party in any court in
this state shall be stayed for up to six months and such additional time thereafter as may
be determined by the court from the date the insolvency is determined or an ancillary proceeding
is instituted in the state, whichever is later, to permit proper defense by the association
of all pending causes of action as to any covered claims arising from a judgment under any
decision, verdict, or finding based on the default of the insolvent insurer or its failure
to defend an insured, the association either on its own behalf or on behalf of such insured
may apply to have such judgment, order, or administrator that made such judgment, order, decision,
verdict, or finding and shall be permitted to defend such claim on the merits. The liquidator,
receiver, or statutory successor of an insolvent insurer covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-18.htm - 1K - Match Info - Similar pages
27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-30.htm - 2K - Match Info - Similar pages
27-37-1
Section 27-37-1 Assets - Generally. In any determination of the financial condition of an insurer,
there shall be allowed as assets only such assets as are owned by the insurer and which consist
of: (1) Cash in the possession of the insurer or in transit under its control, and including
the true balance of any deposit in a solvent bank or trust company; (2) Investments, securities,
properties, and loans acquired, or held, in accordance with this title and in connection therewith
the following items: a. Interest due or accrued on any bond or evidence of indebtedness which
is not in default and which is not valued on a basis including accrued interest; b. Declared
and unpaid dividends on stock and shares, unless such amount has otherwise been allowed as
an asset; c. Interest due or accrued upon a collateral loan in an amount not to exceed one
year's interest thereon; d. Interest due or accrued on deposits in solvent banks and trust
companies, and interest due or accrued on other assets,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-37-1.htm - 4K - Match Info - Similar pages
27-37-4
Section 27-37-4 Disallowance of assets or credits for deception. (a) The commissioner shall
disallow as an asset or as a credit against liabilities any reinsurance found by him after
a hearing thereon to have been arranged for on a temporary basis for the purpose principally
of deception as to the ceding insurer's financial condition as at the date of any financial
statement of the insurer. Reinsurance of any substantial part of the insurer's outstanding
risks contracted for in fact within 90 days prior to the date of any such financial statement
and cancelled in fact within 90 days after the date of such statement shall prima facie be
deemed to have been arranged for the purpose of deception within the intent of this section.
(b) The commissioner shall disallow as an asset any deposit, funds, or other assets of the
insurer found by him after a hearing thereon: (1) Not to be in good faith the property of
the insurer; (2) Not freely subject to withdrawal or liquidation by the insurer at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-37-4.htm - 2K - Match Info - Similar pages
27-5B-17
Section 27-5B-17 Guaranty association election. Notwithstanding Section 27-5B-16, in the event
that a life and health insurance guaranty association has made the election to succeed to
the rights and obligations of the insolvent insurer under the contract of reinsurance, the
reinsurer's liability to pay covered reinsured claims shall continue under the contract of
reinsurance subject to the payment to the reinsurer of the reinsurance premiums for the coverage.
Payment for the reinsured claims shall only be made by the reinsurer pursuant to the direction
of the guaranty association or its designated successor. Any payment made at the direction
of the guaranty association or its designated successor by the reinsurer shall discharge the
reinsurer of all further liability to any other party for the claim payment. (Act 2013-209,
p. 463, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-17.htm - 1K - Match Info - Similar pages
27-29-3.1
Section 27-29-3.1 Acquisition involving change in control of insurer authorized to do business
in Alabama; pre-acquisition notification; violation of competitive standards. (a) The following
definitions shall apply for the purposes of this section only: (1) ACQUISITION. Any agreement
or arrangement the consummation of which results in a person acquiring directly or indirectly
the control of another person, and includes, but is not limited to, the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and mergers. (2) INVOLVED INSURER.
Includes an insurer which either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger. (b)(1) Except as exempted in subdivision (2), this
section applies to any acquisition in which there is a change in control of an insurer authorized
to do business in this state. (2) This section shall not apply to the following: a. A purchase
of securities solely for investment purposes so long as the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-29-3.1.htm - 12K - Match Info - Similar pages
27-42-12
Section 27-42-12 Exhaustion of rights; nonduplication of recovery. (a) Any person having a
claim under an insurance policy, whether or not it is a policy issued by a member insurer,
where the claim under the other policy arises from the same facts, injury, or loss that gave
rise to the covered claim against the association, shall be required first to exhaust all
coverage provided by any such policy. Any amount payable on a covered claim under this chapter
shall be reduced by the full applicable limits stated in the other insurance policy and the
association shall receive a full credit for the stated limits, or, where there are no applicable
stated limits, the claim shall be reduced by the total recovery. Notwithstanding the foregoing,
no person shall be required to exhaust any right under the policy of an insolvent insurer.
(1) A claim under a policy providing liability coverage to a person who may be jointly and
severally liable with, or a joint tortfeasor with, the person covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-12.htm - 2K - Match Info - Similar pages
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