Code of Alabama

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27-31B-3
Section 27-31B-3 Licensing. (a) Any captive insurance company, when permitted by its articles
of association, charter, or other organizational document, may apply to the commissioner for
a license to do any and all insurance defined in Sections 27-5-2, 27-5-4, and 27-5-5, in subdivisions
(1), (2), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) of subsection (a)
of Section 27-5-6, in Sections 27-5-7, 27-5-8, 27-5-9, and 27-5-10, and to grant annuity contracts
as defined in Section 27-5-3, subject, however, to all of the following: (1) No pure captive
insurance company may insure any risks other than those of its parent and affiliated companies
or controlled unaffiliated business. (2) No association captive insurance company may insure
any risks other than those of the member organizations of its association, and their affiliated
companies. (3) No industrial insured captive insurance company may insure any risks other
than those of the industrial insureds that comprise...
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27-2A-2
Section 27-2A-2 Report of material acquisitions and dispositions; confidential treatment. (a)
Every insurer domiciled in this state shall file a report with the commissioner disclosing
material acquisitions and dispositions of assets or material nonrenewals, cancellations, or
revisions of ceded reinsurance agreements unless the acquisitions and dispositions of assets
or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have
been submitted to the commissioner for review, approval, or information purposes pursuant
to other provisions of the insurance code, laws, regulations, or other requirements. (b) The
report required in subsection (a) is due within 15 days after the end of the calendar month
in which any of the transactions in subsection (a) occur. (c) One complete copy of the report,
including any exhibits or other attachments, shall be filed with the following: (1) The insurance
department of the insurers state of domicile. (2) The National...
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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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27-29A-1
Section 27-29A-1 Purpose and scope. (a) The purpose of this chapter is to provide the requirements
for maintaining a risk management framework and completing an Own Risk and Solvency Assessment
(ORSA) and provide guidance and instructions for filing an ORSA Summary Report with the Commissioner
of Insurance. (b) The requirements of this chapter shall apply to all insurers domiciled in
this state unless exempt pursuant to Section 27-29A-6. (c) The Legislature finds and declares
that the ORSA Summary Report will contain confidential and sensitive information related to
an insurer or insurance group's identification of risks material and relevant to the insurer
or insurance group filing the report. This information will include proprietary and trade
secret information that has the potential for harm and competitive disadvantage to the insurer
or insurance group if the information is made public. It is the intent of this Legislature
that the ORSA Summary Report shall be a confidential...
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27-62-6
Section 27-62-6 Notification of cybersecurity event. (a) Each licensee shall notify the commissioner
as promptly as possible, but in no event later than three business days from a determination
that a cybersecurity event involving nonpublic information that is in the possession of a
licensee has occurred when either of the following criteria has been met: (1) This state is
the state of domicile of the licensee, in the case of an insurer, or this state is the home
state of the licensee, in the case of a producer, as those terms are defined in Section 27-7-1,
and the cybersecurity event has a reasonable likelihood of materially harming a consumer residing
in this state or reasonable likelihood of materially harming any material part of the normal
operation of the licensee. (2) The licensee reasonably believes that the nonpublic information
involves 250 or more consumers residing in this state and the cybersecurity event is either
of the following: a. A cybersecurity event impacting the...
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27-12A-2
Section 27-12A-2 Insurance fraud - definition. A person commits the crime of insurance fraud
if, knowingly and with intent to defraud, he or she commits, or conceals any material information
concerning, one or more of the following acts: (1) The solicitation or acceptance of new or
renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the
transaction of the business of insurance, by a person who knows the insurer, reinsurer, or
other person responsible for the risk is financially unable to pay its claims at the time
of the transaction. (2) The removal, concealment, alteration, or destruction of the assets
or records relating to the transaction of the business of insurance of an insurer, reinsurer,
or other person engaged in the transaction of the business of insurance. This section does
not prohibit an insurer, reinsurer, or other person engaged in the transaction of the business
of insurance from destroying records or documents relating to the...
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27-6B-4
Section 27-6B-4 Contract requirements. (a) Unless there is a written contract between the controlling
producer and the insurer approved by the board of directors of the insurer and specifying
the responsibilities of each party, a controlled insurer shall not accept business from a
controlling producer and a controlling producer shall not place business with a controlled
insurer. The contract between a controlling producer and a controlled insurer shall, as a
minimum, contain all of the following: (1) A provision that, upon written notice to the controlling
producer, the controlled insurer may terminate the contract for cause. The controlled insurer
shall suspend the authority of the controlling producer to write business during any pending
dispute regarding the cause for the termination. (2) A provision requiring the controlling
producer to give a detailed accounting to the controlled insurer on any material transaction,
including information necessary to support all commissions,...
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27-29A-8
Section 27-29A-8 Confidentiality. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the Department of Insurance that
are obtained by, created by, or disclosed to the commissioner or any other person under this
chapter, are recognized by this state as being proprietary and to contain trade secrets. All
such documents, materials, or other information shall be confidential by law and privileged,
shall not be subject to any open records, freedom of information, sunshine, or other public
record disclosure laws, shall not be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's official duties. The commissioner
shall not otherwise make the documents, materials, or other information...
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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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27-29-3.1
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...
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