Code of Alabama

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27-6A-5
Section 27-6A-5 Duties of insurer. Insurers shall have the following duties: (1) The insurer
shall have on file an independent financial examination, in a form acceptable to the commissioner,
of each managing general agent with which it has done business. (2) If a managing general
agent establishes loss reserves, the insurer 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 managing general agent. This is in addition to any other required
loss reserve certification. (3) The insurer shall periodically, and at least semi-annually,
conduct an onsite review of the underwriting and claims processing operations of the managing
general agent. (4) Binding authority for all reinsurance contracts or participation in insurance
or reinsurance syndicate shall rest with an officer of the insurer, who shall not be affiliated
with the managing general agent. (5) Within 30 days of...
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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...
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27-9A-3
system" means a preprogrammed computer system designed for the collection, data entry,
calculation, and system-generated final resolution of claims which meets all of the following:
1. It shall only be utilized by a licensed independent adjuster, licensed insurance producer,
or by individuals supervised by a licensed independent adjuster or insurance producer pursuant
to this subdivision. 2. It shall comply with all claims payment requirements of the insurance
code. d. For purposes of this subdivision, "portable consumer electronic device"
means a personal, self-contained, easily carried by an individual, battery-operated
electronic communication, viewing, listening, recording, gaming, computing, or global position
device, and other similar devices and their accessories. e. The licensed independent adjuster
or insurance producer who supervises the individuals shall file a report with the commissioner
indicating an intention to operate pursuant to this subdivision. (Act 2011-637, §1.)...
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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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27-6A-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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27-6A-7
Section 27-6A-7 Penalties. (a) If the commissioner finds after a hearing conducted in accordance
with Section 27-2-28, that any person has violated this chapter, the commissioner may order:
(1) For each separate violation, a penalty in an amount of up to $5,000. (2) Revocation or
suspension of the managing general agent's license. (3) The managing general agent to reimburse
the insurer, the rehabilitator, or liquidator of the insurer for any losses incurred by the
insurer caused by a violation of this chapter committed by the managing general agent. (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 27-2-31. (c) No provision
of this section shall affect the right of the commissioner to impose any other penalties provided
for in the insurance law, rule, or regulation. (d) No provision of this chapter is intended
to or shall in any manner limit or restrict the rights of...
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27-7-5.2
Section 27-7-5.2 Licenses - Limited license for travel insurance producers. (a) As used in
this section, the following terms shall have the following meanings: (1) OFFER AND DISSEMINATE.
Provide general information, including a description of the coverage and price, as well as
processing the application, collecting premiums, and performing other non-licensable activities
permitted by the state. (2) TRAVEL INSURANCE. a. Insurance coverage for personal risks
incident to planned travel, including, but not limited to: 1. Interruption or cancellation
of trip or event. 2. Loss of baggage or personal effects. 3. Damages to accommodations
or rental vehicles. 4. Sickness, accident, disability, or death occurring during travel. b.
Travel insurance does not include major medical plans which provide comprehensive medical
protection for travelers with trips lasting six months or longer, including for example, those
working overseas or military personnel being deployed. (3) TRAVEL INSURANCE...
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27-7-7
Section 27-7-7 Licenses - Application - Generally; fees. Repealed by Act 2001-702, p. 1509,
§ 6, effective January 1, 2002. (a) The commissioner shall not issue any license except upon
application therefor as in this chapter provided. Each applicant for a license shall file
annually with the commissioner his written application therefor signed by him and showing:
(1) His name, age and place of residence; (2) The kinds of insurance to be transacted under
the license and the insurer or insurers he proposes so to represent; (3) The person, firm
or corporation by whom he expects to be employed or associated with as such licensee and his
status as an officer or representative thereof; (4) Whether he proposes to write or solicit
insurance of his own risks and interest, or those of his relatives, any firm or corporation
in which he is financially interested or connected, directly or indirectly, or of his employer;
(5) A short business history of the applicant and the name and nature of any...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives 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. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees 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 or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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