Code of Alabama

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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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27-2B-2
Section 27-2B-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ADJUSTED RBC REPORT. An RBC report which has been adjusted by the commissioner
in accordance with subsection (e) of Section 27-2B-3. (2) CORRECTIVE ORDER. An order issued
by the commissioner specifying corrective actions which the commissioner has determined are
required. (3) DOMESTIC INSURER. Any insurer domiciled in this state. (4) FOREIGN INSURER.
Any insurer which is licensed to do business in this state but not domiciled in this state.
(5) FRATERNAL BENEFIT SOCIETY. Any insurer licensed under Chapter 34. (6) HEALTH ORGANIZATION.
Any health care service plan, health maintenance organization, limited health service organization,
dental services corporation, or other managed care organization licensed under this title.
This term does not include any life and disability insurer or property and casualty insurer.
(7) INSURER. As defined in Section 27-1-2, including, without...
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27-3-31
Section 27-3-31 Domestic insurer may transfer domicile to another state and be admitted as
foreign insurer if so qualified; approval of Commissioner of Insurance; effect of interests
of policyholders. Any domestic insurer may, upon the approval of the Commissioner of Insurance,
transfer its domicile to any other state in which it is admitted to transact the business
of insurance, and upon such a transfer shall cease to be a domestic insurer, and shall be
admitted to this state if qualified as a foreign insurer. The Commissioner of Insurance shall
approve any such proposed transfer unless he shall determine such transfer is not in the interest
of the policyholders of this state. (Acts 1991, No. 91-446, p. 816, §2.)...
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27-5B-7
Section 27-5B-7 Reinsurer maintaining a trust fund. (a) Credit shall be allowed when the reinsurance
is ceded to an assuming insurer that maintains a trust fund in a qualified U.S. financial
institution, as defined in subsection (b) of Section 27-5B-15, for the payment of the valid
claims of its U.S. ceding insurers, their assigns and successors in interest. To enable the
commissioner to determine the sufficiency of the trust fund, the assuming insurer shall report
annually to the commissioner information substantially the same as that required to be reported
on the NAIC Annual Statement form by licensed insurers. The assuming insurer shall submit
to examination of its books and records by the commissioner and bear the expense of examination.
(b)(1) Credit for reinsurance shall not be granted under this section unless the form of the
trust and any amendments to the trust have been approved by either: a. The commissioner of
the state where the trust is domiciled. b. The commissioner of...
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27-5B-18
Section 27-5B-18 Notice by domiciliary liquidator. The reinsurance agreement may provide that
the domiciliary liquidator of an insolvent ceding insurer shall give written notice to the
assuming insurer of the pendency of a claim against the ceding insurer on the contract within
a reasonable time after the claim is filed in the liquidation proceeding. During the pendency
of the claim, any assuming insurer may investigate the claim and interpose, at its own expense,
in the proceeding where the claim is to be adjudicated any defenses which it deems available
to the ceding insurer, or its liquidator. The expense may be filed as a claim against the
insolvent ceding insurer to the extent of a proportionate share of the benefit which may accrue
to the ceding insurer solely as a result of the defense undertaken by the assuming insurer.
Where two or more assuming insurers are involved in the same claim and a majority in interest
elect to interpose a defense to the claim, the expense shall be...
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27-27-42
Section 27-27-42 Deficiencies in stock insurer's capital or assets of mutual insurers - Curing
of deficiency. Any insurer receiving the commissioner's notice mentioned in Section 27-27-41:
(1) If a stock insurer and if its articles of incorporation and laws of this state so permit,
by resolution of its board of directors and subject to any limitations upon assessment contained
in its articles of incorporation, may assess its stockholders for amounts necessary to cure
the deficiency and provide the insurer with a reasonable amount of surplus in addition. If
any stockholder fails to pay a lawful assessment after notice given to him in person or by
advertisement in such time and manner as approved by the commissioner, the insurer may require
the return of the original certificate of stock held by the stockholder and, in cancellation
and in lieu thereof, issue a new certificate for such number of shares as the stockholder
may then be entitled to, upon the basis of the stockholder's...
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27-31-15
Section 27-31-15 Advancement of funds to domestic insurers. The attorney or other parties may
advance to a domestic reciprocal insurer, upon reasonable terms, such funds as it may require,
from time to time, in its operations. Sums so advanced shall not be treated as a liability
of the insurer and, except upon liquidation of the insurer, shall not be withdrawn or repaid
except out of the insurer's realized earned surplus in excess of its minimum required surplus.
No such withdrawal or repayment shall be made without the advance approval of the commissioner.
This section does not apply to bank loans or to other loans made upon security. (Acts 1971,
No. 407, p. 707, §605.)...
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27-29-4
Section 27-29-4 Registration of insurers. (a)(1) Every insurer which is authorized to do business
in this state and which is a member of an insurance holding company system shall register
with the commissioner, except a foreign insurer subject to registration requirements and standards
adopted by statute or regulation in the jurisdiction of its domicile which are substantially
similar to those contained in this section and both of the following: a. Subdivision (1) of
subsection (a) of Section 27-29-5, and subsections (b) and (d) of Section 27-29-5. b. Either
subdivision (2) of subsection (a) of Section 27-29-5 or a provision such as the following:
Each registered insurer shall keep current the information required to be disclosed in its
registration statement by reporting all material changes or additions within 15 days after
the end of the month in which it learns of each change or addition. (2) Any insurer which
is subject to registration under this section shall register within 15...
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27-29-6.1
Section 27-29-6.1 Registered insurers - Supervisory colleges. (a) With respect to any insurer
registered under Section 27-29-4, and in accordance with subsection (c), the commissioner
shall also have the power to participate in a supervisory college for any domestic insurer
that is part of an insurance holding company system with international operations in order
to determine compliance by the insurer with this title. The powers of the commissioner with
respect to supervisory colleges include, but are not limited to, the following: (1) Initiating
the establishment of a supervisory college. (2) Clarifying the membership and participation
of other supervisors in the supervisory college. (3) Clarifying the functions of the supervisory
college and the role of other regulators, including the establishment of a group-wide supervisor.
(4) Coordinating the ongoing activities of the supervisory college, including planning meetings,
supervisory activities, and processes for information sharing....
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27-31-7
Section 27-31-7 Certificate of authority - Application by domestic insurer; contents of declaration.
(a) Twenty-five or more persons domiciled in this state may organize a domestic reciprocal
insurer and make application to the commissioner for a certificate of authority to transact
insurance. (b) The proposed attorney shall fulfill the requirements of and shall execute and
file with the commissioner when applying for a certificate of authority a declaration setting
forth: (1) The name of the insurer; (2) The location of the insurer's principal office, which
shall be the same as that of the attorney and shall be maintained within this state; (3) The
kinds of insurance proposed to be transacted; (4) The names and addresses of the original
subscribers; (5) The designation and appointment of the proposed attorney and a copy of the
power of attorney; (6) The names and addresses of the officers and directors of the attorney,
if a corporation, or its members, if a firm; (7) The powers of the...
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