Code of Alabama

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27-31B-11
Section 27-31B-11 Grounds and procedures for suspension or revocation of license. (a) The license
of a captive insurance company to do an insurance business in this state may be suspended
or revoked by the commissioner for any of the following reasons: (1) Insolvency or impairment
of capital or surplus. (2) Failure to meet the requirements of Section 27-31B-6. (3) Refusal
or failure to submit an annual report, as required by Section 27-31B-9, or any other report
or statement required by law or by lawful order of the commissioner. (4) Failure to comply
with its own charter, bylaws, or other organizational document. (5) Failure to submit to examination
or any legal obligation relative thereto, as required by Section 27-31B-10. (6) Refusal or
failure to pay the cost of examination, as required by Section 27-31B-10. (7) Use of methods
that, although not otherwise specifically prohibited by law, nevertheless render its operation
detrimental or its condition unsound with respect to the...
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27-31C-3
Section 27-31C-3 License to provide homeowners insurance; exemptions; powers and duties. (a)
An Alabama Coastal Captive Insurance Company, if permitted by its articles of incorporation
or organization, operating agreements, or charter, may apply to the commissioner for a license
to write homeowners insurance coverage as limited in Section 27-31B-3(a)(4) and as defined
and limited in the standard real property and contents insurance forms as approved by the
commissioner. (b) An Alabama Coastal Captive Insurance Company that qualified as an association
captive under the provisions of Section 27-31B-8 is exempt from the requirement that the association
be in existence for one year so long as the association is in good standing as an entity before
becoming an owner of an Alabama Coastal Captive Insurance Company. (c) An Alabama Coastal
Captive Insurance Company may write homeowners insurance coverage as limited in Section 27-31B-3(a)(4)
and as limited to perils described in subsection (a)...
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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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27-7-35
Section 27-7-35 Division or sharing of commissions by licensees. (a) No licensee shall divide
with others or share in any commissions payable on account of the exercise of a license under
this title except a producer may divide or share in the commissions with other producers licensed
as to the same kinds of insurance or classifications thereof. (b) Violation of this section
shall be punishable as provided in subsection (b) of Section 27-7-34. (Acts 1957, No. 530,
p. 726, §15; Acts 1971, No. 407, p. 707, §147; Act 2001-702, p. 1509, §9.)...
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27-10-26
Section 27-10-26 Eligibility of insurers for placement of surplus line insurance. (a) A surplus
line broker shall not knowingly place surplus line insurance with an insurer that is unsound
financially, or that is ineligible under this section. The broker shall ascertain the financial
condition of the unauthorized insurer before placing insurance therewith. (b) The broker shall
not so insure with any of the following: (1) With any insurer which is not an authorized insurer
in at least one state of the United States for the kind of insurance involved, and with capital
or surplus, or both, amounting to at least five million dollars ($5,000,000); or guaranteed
trust fund amounting to at least five million dollars ($5,000,000). (2) With an alien insurer
not authorized to transact insurance in at least one state of the United States, unless the
insurer shall have established an effective trust fund of at least two million five hundred
thousand dollars ($2,500,000) within the United States...
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27-12A-40
Section 27-12A-40 Creation of Insurance Fraud Unit. (a) There is hereby established within
the department the Insurance Fraud Unit. The commissioner shall appoint the necessary full-time
supervisory and investigative personnel of the unit who shall be qualified by training and
experience to perform the duties of their positions. The commissioner shall furnish offices,
equipment, operating expenses, and necessary personnel to maintain and operate the unit. (b)
The unit shall perform all of the following duties: (1) Initiate independent inquiries and
conduct independent investigations when the unit has cause to believe that any insurance fraud
may be, is being, or has been, committed. (2) Review reports or complaints of alleged insurance
fraud from federal, state, and local law enforcement and regulatory agencies, persons engaged
in the business of insurance, and the public to determine whether the reports or complaints
require further investigation and, if so, to conduct these...
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27-2-38
Section 27-2-38 Order of supervision - Notice and hearing as to issuance. No order of supervision
shall be issued by the commissioner until the insurance company has been given notice of the
commissioner's intentions to place the company under supervision, the appropriate reasons
for supervision set out in Section 27-2-33 and a hearing held thereon. The notice and hearing
shall conform to the requirements set forth in Sections 27-2-26 through 27-2-31. (Acts 1977,
No. 409, p. 547, §2.)...
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27-2-50
Section 27-2-50 Established; appointment, term of office, and compensation of chief. There
is hereby established within the Department of Insurance a Receivership Division to be managed
and headed by a chief of said division. The chief of said Receivership Division shall be appointed
by the Commissioner of Insurance and shall serve at his pleasure. The compensation of said
chief shall be fixed by the commissioner; except, that said compensation shall not exceed
that of the highest paid division chief in the Insurance Department under the Merit System.
(Acts 1975, No. 1039, p. 2083, §1.)...
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27-2-55
Section 27-2-55 Assumption by receiver of certain former powers, duties, etc., of commissioner.
All duties, rights, power, authority and responsibility placed upon the Commissioner of Insurance
by Sections 27-32-15 through 27-32-36, or by future law, as receiver of an insurer shall be
vested in and assumed by the receiver appointed pursuant to this article, however, nothing
herein shall divest the commissioner of the authority to examine insurers for solvency and
to institute delinquency proceedings pursuant to law. (Acts 1975, No. 1039, p. 2083, §4.)...

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27-31B-2
Section 27-31B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates otherwise: (1) AFFILIATED COMPANY. Any company
in the same corporate system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management. (2) ALIEN CAPTIVE INSURANCE
COMPANY. Any insurance company formed to write insurance business for its parents and affiliates
and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory
standards in a form acceptable to the commissioner on companies transacting the business of
insurance in that jurisdiction. (3) ASSOCIATION. Any legal association of individuals, corporations,
limited liability companies, partnerships, associations, or other entities whereby either
of the following exists: a. The member organizations of which, or the association itself,
whether or not in conjunction with some or all of the...
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