27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification
or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of
Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be
subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
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27-10-35
Section 27-10-35 Report of, and tax on, independently procured coverages; exceptions. (a) Anyone
who may desire to place his insurance in a foreign insurer not authorized to do business in
this state may place such insurance, and any insured who in this state procures, or causes
to be procured, or continues or renews insurance in an unauthorized foreign insurer or any
self-insurer who in this state so procures or continues excess loss, catastrophe, or other
insurance, upon a subject of insurance resident, located or to be performed within this state,
other than insurance procured through a surplus line broker pursuant to the surplus lines
law of this state or exempted from such law under Section 27-10-34 shall, within 90 days after
the date such insurance was so procured, continued, or renewed, file a written report of the
same with the commissioner on forms designated by the commissioner and furnished to such an
insured upon request. The report shall show the name and address of the...
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27-12A-8
Section 27-12A-8 Licensing penalties for insurance fraud. (a) A producer who violates this
chapter may be subject to the suspension or revocation of any insurance license held by the
producer or civil penalties of up to five thousand dollars ($5,000) per violation, or both.
Suspension or revocation of an insurance license or certificate of authority and the imposition
of civil penalties shall be pursuant to action brought before the commissioner. Suspension
or revocation of any insurance licenses and the imposition of civil penalties shall be pursuant
to action brought before the commissioner in accordance with this title. (b) An insurer who,
with such frequency as to indicate its general business practice in this state, is in violation
of this chapter may be subject to the suspension or revocation of any certificate of authority
held by insurer or civil penalties of up to five thousand dollars ($5,000) per violation,
or both. Suspension or revocation of a certificate of authority and...
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27-19-106
Section 27-19-106 Effect of misrepresentation; field issuance. (a) For a policy or certificate
that has been in force for less than six months an insurer may rescind a long-term care insurance
policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing
of misrepresentation that is material to the acceptance for coverage. (b) For a policy or
certificate that has been in force for at least six months but less than two years an insurer
may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term
care insurance claim upon a showing of misrepresentation that is both material to the acceptance
for coverage and which pertains to the condition for which benefits are sought. (c) After
a policy or certificate has been in force for two years it is not contestable upon the grounds
of misrepresentation alone but may be contested only upon a showing that the insured knowingly
and intentionally misrepresented relevant facts...
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27-4A-4
Section 27-4A-4 Penalties. Every insurer failing to comply with the requirements of this chapter
shall be subject to a penalty of not less than $1,000 nor exceeding $10,000, recoverable in
an action brought by the Attorney General for the commissioner. Upon any violation, the commissioner
may suspend or revoke the insurer's certificate of authority. Penalties recovered under this
section shall be paid to the State Treasury to the credit of the State General Fund. (Acts
1993, No. 93-679, p. 1291, §4.)...
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27-10-24
Section 27-10-24 Licensing of surplus line brokers. (a) Any person, while licensed as a resident
insurance producer in this state for the property lines of authority and who is deemed by
the commissioner to have had sufficient experience in the insurance business to be competent
for the purpose may be licensed as a surplus line broker for the types and kinds of insurance
that he or she as a resident producer is licensed to handle as follows: (1) Application to
the commissioner for the license shall be made on forms as designated and furnished by the
commissioner. (2) License fee in the amount stated in Section 27-4-2 shall be paid to the
commissioner. The license shall expire on December 31 next after its issue. (3) Prior to the
issuance of the license, the applicant shall file with the commissioner, and thereafter for
as long as any license remains in effect he or she shall keep in force and unimpaired, a bond
in favor of the State of Alabama in the penal sum of at least fifty...
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27-10-3
Section 27-10-3 Actions by unauthorized insurers not allowed; exceptions. (a) No unauthorized
insurer shall institute or file, or cause to be instituted or filed, any action or proceeding
in this state to enforce any right, claim, or demand arising out of any insurance transaction
in this state until such insurer has obtained a certificate of authority to transact such
insurance in this state. (b) This section does not apply as to: (1) Transactions for which
a certificate of authority is not required; (2) Surplus line coverages written under this
chapter; or (3) Coverages exempted from the surplus line law under Section 27-10-34. (Acts
1963, No. 521, p. 1112, §6; Acts 1971, No. 407, p. 707, §193.)...
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27-2-21
Section 27-2-21 Examinations - Affairs, etc., of insurers and surplus line brokers. (a) For
the purpose of determining its financial condition, ability to fulfill its obligations and
compliance with the law, the commissioner shall examine the affairs, transactions, accounts,
records, and assets of each authorized insurer, and the records of surplus line brokers restricted
to those matters under Section 27-10-29, including the attorney-in-fact of a reciprocal insurer
insofar as insurer transactions are involved as often as the commissioner deems appropriate
but shall, at a minimum, conduct an examination of every insurer licensed in this state not
less frequently than once every five years. In scheduling and determining the nature, scope,
and frequency of the examinations, the commissioner shall consider such matters as the results
of financial statement analyses and ratios, changes in management or ownership, actuarial
opinions, reports of independent certified public accountants, and...
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27-43-10
Section 27-43-10 Types of legal expense insurance; policy and certificate forms; issuance of
policies and certificates. (a) Legal expense insurance may be written as individual, group,
blanket, or franchise insurance. Each contractual obligation for legal expense insurance must
be evidenced by a policy. Each person insured under a group policy must be issued a certificate
of coverage. (b) No policy or certificate of legal expense insurance may be issued in this
state unless a copy of the form has been filed and approved by the commissioner. (c) The commissioner
may not approve any form that does not meet the following requirements: (1) Policies must
contain a list and description of the legal service payments promised or the legal matters
for which expenses are to be reimbursed and any limits on the amounts to be paid or reimbursed;
(2) Policies and certificates must indicate the name of the insurer and the full address of
its principal place of business; (3) Certificates issued under...
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