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27-3-29
Section 27-3-29 Protection of state insurers against foreign discriminatory or onerous requirements.
(a) The purpose of this section is to aid in the protection of insurers formed under the laws
of Alabama and transacting insurance in other states or countries against discriminatory or
onerous requirements under the laws of such states or countries or the administration thereof.
(b) When by or pursuant to the laws of any other state or foreign country, any taxes, licenses,
and other fees, in the aggregate, and any fines, penalties, deposit requirements, or other
material obligations, prohibitions, or restrictions are, or would be, imposed upon Alabama
insurers, or upon the agents or representatives of such insurers, which are in excess of such
taxes, licenses, and other fees, in the aggregate, or which are in excess of the fines, penalties,
deposit requirements, or other obligations, prohibitions, or restrictions directly imposed
upon similar insurers, or upon the agents or...
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27-6-4
Section 27-6-4 Deposits of insurers - State Treasurer as custodian. (a) Deposits made in this
state under Sections 27-3-11, 27-3-12, and 27-3-14, together with deposit of reserves of domestic
life insurers under registered policies heretofore issued, shall be made through the commissioner
with the Treasurer of the State of Alabama. (b) The State Treasurer, in his official capacity,
shall take receipt for and hold deposits made under this title as provided in subsection (a)
of this section, subject to the provisions of this chapter. (c) The State Treasurer shall
hold all such deposits in safekeeping in the vaults located in his offices or, if space in
such vaults is not reasonably adequate and safe for all securities and property otherwise
to be contained therein, the Treasurer may keep such securities in safe deposit boxes rented
by him for the purpose and under his control in established safe deposit institutions located
in the City of Montgomery, Alabama. (d) The Treasurer shall be...
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27-10-31
Section 27-10-31 Annual tax of surplus line brokers. (a) On or before the first day of March
each year, the surplus line broker shall remit to the State Treasurer through the commissioner,
as a tax imposed for the privilege of transacting business as a surplus line broker in this
state, a tax of six percent on the direct premiums, less return premiums and exclusive of
sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted
by the broker during the preceding calendar year as shown by the annual statement filed with
the commissioner. (b) The tax under the provisions of this section shall be subject to deduction
of the full amount of all expenses of examination of the surplus line broker by the commissioner
in the same manner as that allowed for domestic insurers for examination expenses under the
provisions of subdivision (5) of subsection (c) of Section 27-4A-3. All taxes collected under
this section shall be deposited in the State Treasury to...
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27-12A-20
Section 27-12A-20 Fraud warning. (a) A fraud warning shall be included on at least one of the
following: Claim release forms, applications, reinstatements for insurance, participation
agreements, declaration pages, and claim documents, regardless of the method or form of transmission
and shall contain the following statement or a substantially similar statement: "Any
person who knowingly presents a false or fraudulent claim for payment of a loss or benefit
or who knowingly presents false information in an application for insurance is guilty of a
crime and may be subject to restitution, fines, or confinement in prison, or any combination
thereof." (b) The lack of a statement required by subsection (a) shall not constitute
a defense in any prosecution for insurance fraud. (c) Policies issued by unauthorized insurers
shall contain a statement disclosing the status of the insurer to do business in the state
where the policy is delivered or issued for delivery or the state where coverage is...
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27-27-13
Section 27-27-13 Deposit of solicitation permit funds in escrow - Withdrawal and refund. The
commissioner shall withdraw all funds held in escrow under Section 27-27-12, and refund to
securities subscribers or purchasers all sums paid in on securities subscriptions, less that
part of such sums paid in as has been allowed and used for promotion, sales, and organization
expenses, and shall dissolve the proposed domestic insurer, corporation, syndicate, or organization
if: (1) It fails to complete its organization or financing and obtain full payment for subscriptions
and, if to be an insurer, it fails to secure its certificate of authority, all before expiration
of the solicitation permit; or (2) The commissioner revokes the solicitation permit. (Acts
1971, No. 407, p. 707, ยง509.)...
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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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8-37-1
Section 8-37-1 (Effective January 1, 2018) Purpose; applicability. (a) The purpose of this
chapter is to define guaranteed asset protection waivers (GAP waivers) and to provide that
GAP waivers may be offered within this state. (b) This chapter does not apply to either of
the following: (1) An insurance policy offered by an insurer under the insurance laws of this
state. (2) A debt cancellation or debt suspension contract being offered by a federally regulated
financial institution operating under 12 CFR Part 37 or a credit union operating under 12
CFR Part 721 or other federal law; or a debt cancellation or debt suspension contract being
offered by a state chartered bank or credit union. Debt cancellation and debt suspension contracts
being offered by any of these federal or state regulated financial institutions are not insurance
and are exempt from the insurance laws of this state. (c) Guaranteed asset protection waivers
governed under this chapter are not insurance and are exempt...
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27-2B-4
Section 27-2B-4 Company action level event; preparation and submission of RBC plan or revised
RBC plan; notification of unsatisfactory filing; copies of plans. (a) Company action level
event means any of the following events: (1) The filing of an RBC report by an insurer which
indicates any of the following: a. The insurer's total adjusted capital is greater than or
equal to its regulatory action level RBC, but less than its company action level RBC. b. If
a life or health insurer or fraternal benefit society, the insurer has total adjusted capital
which is greater than or equal to its company action level RBC but less than the product of
its authorized control level RBC and 3.0 and has a negative trend. c. If a property and casualty
insurer or a health organization, the insurer has total adjusted capital which is greater
than or equal to its company action level RBC, but less than the product of its authorized
control level RBC and 3.0, and triggers the trend test determined in...
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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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40-18-401
Section 40-18-401 Applications; construction of article. (a) The port credit provided for in
Section 40-18-403 is created by this article and is allowed upon strict compliance with the
provisions herein. (b) Prior to the allowance of the port credit, an application shall be
filed with the commission, on a form promulgated by the commission. (1) The application shall
be filed by the port facility user desiring to claim the credit. (2) The commission shall
establish deadlines for applications. Such applications shall solicit whatever information
the commission deems important to its determination of whether granting a port credit will
create new, high paying jobs in the state, bring substantial capital to the state, increase
the usage of a port facility, promote the development of clusters of businesses in the state,
or promote the economic development efforts of the state. (3) Upon review of the applications,
the commission may approve such applications as shall result in port credits...
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