|
27-10-53
Section 27-10-53 Defense of action or proceeding by insurer. (a) Before an unauthorized insurer
shall file, or cause to be filed, any pleading in any action or proceeding instituted against
it under Sections 27-10-51 and 27-10-52, such insurer shall: (1) Procure a certificate of
authority to transact insurance in this state; or (2) Deposit with the clerk of the court
in which such action or proceeding is pending cash or securities or file with such clerk a
bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed
by the court sufficient to secure the payment of any final judgment which may be entered in
such action. The court may, in its discretion, make an order dispensing with such deposit
or bond where the insurer makes a showing satisfactory to the court that it maintains in a
state of the United States funds or securities, in trust or otherwise, sufficient and available
to satisfy any final judgment which may be entered in such action or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-53.htm - 2K - Match Info - Similar pages
27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against or by
same. The failure of an insurer to obtain a license or certificate of authority shall not
impair the validity of any act or contract of such insurer and shall not prevent such insurer,
its assigns or successors in interest, from defending any action in any court of this state;
but no insurer transacting insurance business in this state without a license or certificate
of authority shall be permitted to maintain an action in any court of this state to enforce
any right, claim, or demand arising out of the transaction of such business until such company,
its assigns or successors in interest shall have: (1) Obtained a license or certificate of
authority; or (2) Deposited with the clerk of the court in which such action or proceeding
is pending cash or securities or file with such clerk a bond with good and sufficient sureties,
to be approved by the court, in an amount to be fixed by the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-6.htm - 2K - Match Info - Similar pages
27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
27-11-4
Section 27-11-4 Actions and proceedings against violating or noncomplying insurers. Whenever
the commissioner believes, from evidence satisfactory to him, that any insurer is violating
or not complying with the provisions of this unauthorized insurers law, the commissioner may,
and is hereby empowered to, bring an action or proceeding against such insurer in the Circuit
Court of Montgomery County, Alabama, to enjoin or restrain such violation or continuing noncompliance
or the engaging therein or doing of any act in furtherance of such violation. The Circuit
Court of Montgomery County, Alabama, shall have jurisdiction of the proceedings and shall
have the power and authority to make and enter such order or judgment as to such court shall
be deemed proper. (Acts 1971, No. 407, p. 707, ยง223.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-4.htm - 1K - Match Info - Similar pages
27-42-18
Section 27-42-18 Stay of proceedings; access of board to records of insurers. All proceedings
in which the insolvent insurer is a party or is obligated to defend a party in any court in
this state shall be stayed for up to six months and such additional time thereafter as may
be determined by the court from the date the insolvency is determined or an ancillary proceeding
is instituted in the state, whichever is later, to permit proper defense by the association
of all pending causes of action as to any covered claims arising from a judgment under any
decision, verdict, or finding based on the default of the insolvent insurer or its failure
to defend an insured, the association either on its own behalf or on behalf of such insured
may apply to have such judgment, order, or administrator that made such judgment, order, decision,
verdict, or finding and shall be permitted to defend such claim on the merits. The liquidator,
receiver, or statutory successor of an insolvent insurer covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-18.htm - 1K - Match Info - Similar pages
27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-5.htm - 4K - Match Info - Similar pages
27-10-52
Section 27-10-52 Service of process upon insurer; judgment by default. (a) Service of process
upon an insurer pursuant to Section 27-10-51 shall be made by delivering to, and leaving with,
the commissioner, or some person in apparent charge of his office, two copies thereof and
the payment to him of such fees as may be prescribed by law. The commissioner shall forthwith
mail by registered mail one of the copies of the process to the defendant at its last known
principal place of business and shall keep a record of all process so served upon him. Such
service of process is sufficient, provided notice of the service and a copy of the process
are sent promptly after such service by the commissioner by registered mail to the defendant
at its last known principal place of business and the defendant's receipt, or receipt issued
by the post office with which the letter is registered, showing the name of the sender of
the letter and the name and address of the person to whom the letter is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-52.htm - 3K - Match Info - Similar pages
35-11-233
Section 35-11-233 Assignment of lien; transfer of lien on real property to other security.
(a) Any claim for which a lien is provided in this division may be assigned; and the assignee
shall thereby be invested with all the rights of the original holder of the lien, and be entitled
to all his remedies to enforce them. The assignee shall have the right to consolidate all
such claims in one statement to be filed as herein provided; and the length of time for the
filing of said claim shall be measured by the greatest length of time for the filing of any
class of claims held by the assignee. (b) Any lien claimed on real property under this division
may be transferred by any person having an interest in the real property upon which the lien
is imposed or the contract under which the lien is claimed, from such real property to other
security by first filing with the court in which the action is brought, a copy of the lien
which has been duly filed and recorded as required by law, and by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-233.htm - 4K - Match Info - Similar pages
30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive, the following
words shall have the following meanings: (1) ACCOUNT. A demand deposit account, checking or
negotiable withdrawal order account, savings account, time deposit account, or money-market
mutual fund account. (2) BUSINESS DAY. A day on which state offices are open for regular business.
(3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that authorizes the individual
to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL INFORMATION. Information
provided by a service applicant or recipient or obtained from other sources about him or her
which may be released only as required by court order or state or federal law. (5) COURT.
A court of competent jurisdiction or administrative agency having the authority to issue and
enforce support orders. (6) DATA MATCH. An automated process of matching specified information
from the financial records of financial institutions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-191.htm - 5K - Match Info - Similar pages
|