Code of Alabama

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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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27-6B-6
Section 27-6B-6 Penalties. (a) If the commissioner believes that the controlling producer or
any other person has not materially complied with this chapter, or any regulation or order
promulgated hereunder, after notice and opportunity to be heard, the commissioner may order
the controlling producer to cease placing business with the controlled insurer. (b) If it
was found that because of the material non-compliance that the controlled insurer or any policyholder
thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene
in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder, or other appropriate relief. (c) If
an order for liquidation or rehabilitation of the controlled insurer has been entered, pursuant
to Chapter 32 of Title 27, and the receiver appointed under that order believes that the controlling
producer or any other person has not...
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27-7-19
Section 27-7-19 Licenses - Penalties. (a) The commissioner may place on probation, refuse to
issue or renew, suspend, or revoke the license of any licensee under this chapter, or may
levy a civil penalty in accordance with subsection (c), or any combination of actions, for
any one or more of the following causes: (1) Any cause for which issuance of the license could
have been refused had it then existed and been known to the commissioner. (2) Providing incorrect,
misleading, incomplete, or materially untrue information in any application or in any communication
to the commissioner. (3) Obtaining or attempting to obtain a license through misrepresentation
or fraud. (4) Intentionally misrepresenting the terms of any actual or proposed insurance
contract or application for insurance. (5) Having admitted or been found to have committed
any insurance unfair trade practice or fraud. (6) For inducing, persuading, or advising any
policyholder to surrender or cause to be cancelled any policy of...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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27-25-4.5
Section 27-25-4.5 License denial, non-renewal, or revocation. (a) The commissioner may place
on probation, suspend, revoke, or refuse to issue or renew the license of a title insurance
agent or may levy a civil penalty pursuant to subsection (d), or any combination of these
actions, for any one or more of the following causes: (1) Providing incorrect, misleading,
incomplete, or materially untrue information in the license application. (2) Violating any
insurance laws, rules, subpoena, or order of the commissioner. (3) Obtaining or attempting
to obtain a license through misrepresentation or fraud. (4) Improperly withholding, misappropriating,
or converting any monies or properties received in the course of acting as a title insurance
agent or in otherwise doing insurance business in this state or elsewhere. (5) Intentionally
misrepresenting the terms of an actual title insurance contract. (6) Having been convicted
of a felony. (7) Having admitted or been found to have committed any...
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36-1-6.1
Section 36-1-6.1 Professional liability coverage for state employees or agents; duties of Finance
Director; self-insurance; costs of insurance. (a) The various state agencies, departments,
boards, or commissions shall determine and report their needs for liability coverage to the
Finance Director, the Insurance Commissioner, and the Attorney General. The Finance Director,
with the advice of the Insurance Commissioner and Attorney General, shall then determine the
type of blanket policy needed to provide basic coverage for deaths, injuries, or damages arising
out of the negligent or wrongful acts or omissions committed by state employees or agents
of the state, including retired licensed physicians and dentists while they are voluntarily
serving at free health care clinics and individuals serving as foster parents licensed or
approved by the Department of Human Resources to maintain homes for a child or children under
the supervision of the department or serving as adult foster care...
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27-7-38
Section 27-7-38 Privileged information. (a) Any communications, complaint, evidence, testimony,
document, deposition, affidavit, statement, or other proof filed, given, or proffered at the
hearing provided for in Section 27-7-37 shall be absolutely privileged to the same extent
as in a court of law and shall never form the subject matter of any action, claim, or proceeding
against the person filing, giving, or proffering the same nor against the principal or representative
of such person. (b) Reports of investigation, copies thereof, and information furnished the
commissioner by any insurer, agent, solicitor, broker, managing general agent, or service
representative and any other person shall be absolutely privileged communications, and no
such report, copy, information or document, affidavit, statement, deposition, or testimony
so furnished to the commissioner shall ever form the subject matter of any action, claim,
or proceeding against any such person. (Acts 1957, No. 530, p. 726,...
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25-4-145
Section 25-4-145 Penalties; limitation of actions; collection of overpayments; waiver of overpayments.
(a) Penalties. (1) Whoever willfully makes a false statement or representation or who willfully
fails to disclose a material fact to obtain or increase any benefit or payment under this
chapter, or under an unemployment insurance law of any other state or government, either for
himself or herself or for any other person, whether such benefit or payment is actually received
or not, shall be guilty of an offense as follows and each such false statement or representation
shall constitute a separate and distinct offense: a. If the aggregate amount involved in the
offense exceeds two thousand five hundred dollars ($2,500) in value, that shall constitute
a Class B felony. b. If the aggregate amount involved in the offense exceeds five hundred
dollars ($500) but does not exceed two thousand five hundred dollars ($2,500), that shall
constitute a Class C felony. c. If the aggregate amount...
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27-4A-2
Section 27-4A-2 Definitions. For the purposes of this chapter only, the following terms, unless
the context clearly indicates otherwise, shall have the meanings: (1) ANNUITY CONSIDERATIONS.
All sums received as consideration for annuity contracts. (2) COMMISSIONER. The Commissioner
of Insurance of the State of Alabama. (3) DEPARTMENT. The Department of Insurance of the State
of Alabama. (4) DOMESTIC INSURER. Any insurer organized under the laws of the State of Alabama
which maintains its principal office and chief place of business in the State of Alabama.
(5) FOREIGN INSURER. Any insurer organized under the laws of any country or of any state of
the United States other than the State of Alabama and any insurer organized under the laws
of Alabama which maintains its principal office or chief place of business outside the State
of Alabama. (6) INSURER. Every insurer as defined in Section 27-1-2, and every other insurance
company or association charging a premium for contracts entered...
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27-12-21
Section 27-12-21 Proceedings on unfair competition, etc., not defined under chapter - Generally.
(a) Whenever the commissioner has reason to believe that any person engaged in the business
of insurance is engaging in this state in any method of competition, or in any act or practice
in the conduct of such business which is not defined in this trade practices law, that such
method of competition is unfair or that such act or practice is unfair or deceptive and that
a proceeding by him in respect thereto would be to the interest of the public, he may issue
and serve such person a statement of the charges in that respect and a notice of a hearing
thereon to be held at a time and place fixed in the notice, which shall not be less than 10
days after the date of the service thereof. Each such hearing shall be conducted in the same
manner as the hearings provided for in Section 27-12-18. The commissioner shall, after such
hearing, make a report in writing in which he shall state his findings...
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