Code of Alabama

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13A-9-48
Section 13A-9-48 Fraud in insolvency. (a) A person commits the crime of fraud in insolvency
if, with the intent to defraud a creditor and with knowledge or reason to believe either that
proceedings have been or are about to be instituted for the appointment of a receiver or that
a composition agreement or other arrangement for the benefit of creditors has been or is about
to be made, he: (1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise
disposes of any part of or any interest in the debtor's estate; or (2) Presents to any creditor
or to the receiver any writing or record relating to the debtor's estate, not otherwise within
the coverage of Sections 13A-10-101, 13A-10-102 or 13A-10-109, knowing or having reason to
believe that it contains a false material statement; or (3) Misrepresents or refuses to disclose
to the receiver, under circumstances not amounting to a violation of Section 13A-10-4, the
existence, amount or location of any part of or an interest in...
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27-27-16
Section 27-27-16 Domestic mutual insurers - Bond or deposit in lieu thereof. (a) Before soliciting
any applications for insurance required under Section 27-27-15, as qualification for the original
certificate of authority, the incorporators of the proposed mutual insurer shall file with
the commissioner a corporate surety bond in the penalty of $15,000.00 in favor of the State
of Alabama and for the use and benefit of the state and of applicant members and creditors
of the corporation. The bond shall be conditioned as follows: (1) Upon payment of any loss
suffered by applicants who have cancelled or lapsed existing insurance policies due to misrepresentation
by the incorporators or by persons soliciting such applications under authorization by the
corporation, to the effect that the making of such application for insurance and prepayment
of premiums in such proposed insurer provides insurance protection prior to issuance of a
certificate of authority to such insurer by the...
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27-32-37
Section 27-32-37 Priority of claims of policyholders and beneficiaries - Established. Upon
the issuance of a proper court order placing a domestic insurer in receivership or placing
a foreign insurer in ancillary receivership for rehabilitation or liquidation, pursuant to
this chapter or other insurance laws of Alabama, all beneficiaries of and all persons holding
or owning a contract of insurance with such insurer shall be a preferred creditor of said
insurer to the extent of the equity, cash value, or other benefit then accrued, arising under
the terms of such contract. With the exception of costs of administration of said receiverships,
recorded tax liens and judgments obtained prior to initiation of delinquency proceedings,
and secured creditors' claims, no claim of a creditor shall be preferred over that of a policyholder
of the insurer in receivership. Policyholders are hereby removed from the class of general
creditors and all laws and court decisions in conflict herewith shall...
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27-48-1
Section 27-48-1 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) HEALTH BENEFIT PLAN. A health insurance policy that covers hospital, medical,
or surgical expenses, health maintenance organizations, preferred provider organizations,
medical service organizations, physician-hospital organizations, or any other person, firm,
corporation, joint venture, or other similar business entity that pays for, purchases, or
furnishes health care services to patients, insureds, or beneficiaries in this state. For
the purpose of this chapter, a health benefit plan located or domiciled outside of the State
of Alabama is deemed to be subject to the provisions of this chapter if it receives, processes,
adjudicates, pays, or denies claims for health care services submitted by or on behalf of
the State of Alabama or who receive health care services in the State of Alabama. The term
includes, but is not limited to, entities created pursuant to Article 6 of...
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36-27-27
Section 36-27-27 Making of false statement, etc., for purpose of defrauding retirement system;
correction of errors in records and payments to beneficiaries or members. (a) Any person who
shall knowingly make any false statement or shall falsify or permit to be falsified any record
or records of this retirement system in any attempt to defraud such system shall be guilty
of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall
be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both
such fine and imprisonment, at the discretion of the court. (b) Should any charge or error
in the records result in any member or beneficiary receiving from the retirement system more
or less than he would have been entitled to receive had the records been correct, the Board
of Control shall correct such error and, as far as practicable, shall adjust the payment in
such manner that the actuarial equivalent of the benefit to which such...
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27-15-78
Section 27-15-78 Calculations of adjusted premiums by the nonforfeiture net level premium method.
(a) This section shall apply to all policies issued on or after the operative date of this
section as defined herein. Except as provided in subsection (g), the adjusted premiums for
any policy shall be calculated on an annual basis and shall be such uniform percentage of
the respective premiums specified in the policy for each policy year, excluding extra premiums
on a substandard policy and also excluding any uniform annual contract charge or policy fee
specified in the policy in a statement of the method to be used in calculating the cash surrender
values and paid-up nonforfeiture benefits, that the present value, at the date of issue of
the policy, of all adjusted premiums shall be equal to the sum of: (1) The then present value
of the future guaranteed benefits provided for by the policy. (2) One percent of either the
amount of insurance, if the insurance be uniform in amount, or the...
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27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid by the
purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
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27-29-1
Section 27-29-1 Definitions. For purposes of this chapter, unless otherwise stated, the following
terms shall have the meanings respectively ascribed to them by this section: (1) AFFILIATE.
The term shall include an affiliate of, or person affiliated with, a specific person, and
shall mean a person that directly, or indirectly through one or more intermediaries, controls,
or is controlled by, or is under common control with, the person specified. (2) COMMISSIONER.
The Commissioner of Insurance, his or her deputies, or the Insurance Department as appropriate.
(3) CONTROL. The term shall include controlling, controlled by, or under common control with
and shall mean the possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through the ownership of voting securities,
by contract other than a commercial contract for goods or nonmanagement services, or otherwise,
unless the power is the result of an official...
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27-57-1
Section 27-57-1 Definitions. As used in this chapter, the following words and terms shall have
the following meanings: (1) COLORECTAL CANCER EXAMINATIONS. Examinations and laboratory tests
specified in current American Cancer Society guidelines for colorectal cancer screening of
asymptomatic individuals. (2) HEALTH BENEFIT PLAN. A group health insurance policy that covers
hospital, medical, or surgical expenses, health maintenance organizations, preferred provider
organizations, medical service organizations, physician-hospital organizations, or any other
person, firm, corporation, joint venture, or other similar business entity that pays for,
purchases, or furnishes health care services to patients, insureds, or beneficiaries in this
state. For the purposes of this chapter, a health benefit plan located or domiciled outside
of the State of Alabama is deemed to be subject to this chapter if it receives, processes,
adjudicates, pays, or denies claims for health care services submitted...
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32-7-20
Section 32-7-20 Certificate of insurance as proof. (a) Proof of financial responsibility may
be furnished by filing with the director the written certificate of any insurance carrier
duly authorized to do business in this state certifying that there is in effect a motor vehicle
liability policy for the benefit of the person required to furnish proof of financial responsibility.
Such certificate shall give the effective date of such motor vehicle liability policy, which
date shall be the same as the effective date of the certificate, and shall designate by explicit
description or by appropriate reference all motor vehicles covered thereby, unless the policy
is issued to a person who is not the owner of a motor vehicle. (b) Proof of financial responsibility
relating to a motor vehicle liability policy may be verified through the online insurance
verification system of Chapter 7B and Chapter 7A. (c) No motor vehicle shall be or continue
to be registered in the name of any person required...
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