27-31C-8
Section 27-31C-8 Application notice and acknowledgement. (a) An Alabama Coastal Captive Insurance
Company shall include the following notice on each application form for insurance, as well
as the declaration page of each policy, in no less than fourteen-point bold type: "NOTICE
This policy is issued by a captive insurance company which is not subject to all of the insurance
laws and regulations of the State of Alabama. Insurance solvency guaranty funds are not available
for a captive insurance company." (b) An Alabama Coastal Captive Insurance Company shall
include the following acknowledgement on each application form for insurance, as well as in
each policy, in no less than fourteen-point bold type and directly above the applicant's or
insured's signature: "I have read the notice contained in this application (or policy)
and understand that State of Alabama insurance insolvency guaranty funds are not available
for an Alabama Coastal Captive Insurance Company." (Act 2008-391, p. 742,...
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27-31C-9
Section 27-31C-9 Findings of the commissioner. The commissioner may not issue a license to
an Alabama Coastal Captive Insurance Company unless the commissioner finds that the: (1) Coastal
captive insurance company is capitalized adequately or properly reinsured or both, after giving
due consideration to the business plan, feasibility study, and pro formas, including the level
of risk to be retained by the coastal captive insurance company; (2) Proposed business plan
of the coastal captive insurance company provides for a reasonable and expected successful
operation and is not hazardous to any policyholder; (3) Proposed business plan, including
any contracts or agreements to which the coastal captive insurance company is a party, and
the intended operation of the coastal captive insurance company comply with this chapter and
with any other applicable provisions of this title; and (4) Proposed business plan and intended
operation of the coastal captive insurance company satisfy the...
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27-31C-6
Section 27-31C-6 Exemptions from chapter. The commissioner, by rule, regulation, or order,
may exempt an Alabama Coastal Captive Insurance Company, on a case-by-case basis, from provisions
of this chapter that are determined to be inappropriate given the nature of the risks to be
insured and the intent of this chapter. (Act 2008-391, p. 742, §2.)...
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27-31B-8
Section 27-31B-8 Formation of captive insurance companies in this state. (a) A pure captive
insurance company or a protected cell captive insurance company shall be formed as a stock
or mutual insurer, or as a nonprofit or limited liability company with its capital divided
into units and held by the stockholders, members, or other equivalent as allowed by law. (b)
An association captive insurance company, an industrial insured captive insurance company,
or a risk retention group may be formed in any of the following ways: (1) Organized as a stock
insurer with its capital divided into share units and held by the stockholders, members, or
other equivalent as allowed by law. (2) Organized as a mutual insurer without capital stock,
the governing body of which is elected by the member organizations of its association. (3)
Organized as a reciprocal insurer in accordance with Chapter 31 of this title. (4) Organized
as a manager-managed limited liability company. (c) A captive insurance...
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27-31C-7
Section 27-31C-7 Confidentiality of information. The confidentiality provisions of Sections
27-31B-9(b) and 27-31B-10 do not extend to final reports of its financial condition produced
by the commissioner in inspecting or examining an Alabama Coastal Captive Insurance Company
and do not extend to reports submitted by an Alabama Coastal Captive Insurance Company. All
work papers, recorded information, documents, and their copies produced by, obtained by, or
disclosed to the commissioner, his or her designee, or other persons made under this chapter
must be given confidential treatment as provided in Sections 27-31-3(4), 27-31B-9(b), and
27-31B-10. (Act 2008-391, p. 742, §2.)...
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27-31B-22
Section 27-31B-22 Protected cell captive insurance companies. (a) One or more sponsors may
form a protected cell captive insurance company under this chapter. (b) A protected cell captive
insurance company formed or licensed under this chapter may establish and maintain one or
more protected cells to insure risks of one or more participants, subject to all of the following
conditions: (1) Each protected cell shall be accounted for separately on the books and records
of the protected cell captive insurance company to reflect the financial condition and results
of operations of the protected cell, net income or loss, dividends or other distributions
to participants, and other factors as may be provided in the participant contract or required
by the commissioner. (2) The assets of a protected cell shall not be chargeable with liabilities
arising out of any other insurance business the protected cell captive insurance company may
conduct. (3) No sale, exchange, or other transfer of assets...
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27-31B-21
Section 27-31B-21 Conversion to or merger with reciprocal insurer. (a) An association captive
insurance company or industrial insured group formed as a stock or mutual corporation may
be converted to or merged with and into a reciprocal insurer in accordance with a plan therefor
and this section. (b) A plan for this conversion or merger shall satisfy both of the following:
(1) Be fair and equitable to the shareholders, in the case of a stock insurer, or the policyholders,
in the case of a mutual insurer. (2) Provide for the purchase of the shares of any nonconsenting
shareholder of a stock insurer or the policyholder interest of any nonconsenting policyholder
of a mutual insurer in substantially the same manner and subject to the same rights and conditions
as are accorded a dissenting shareholder under Article 13, commencing with Section 10-2B-13.01,
of Chapter 2B of Title 10. (c) A conversion authorized under subsection (a) shall satisfy
all of the following: (1) The conversion shall...
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27-31B-19
Section 27-31B-19 Delinquency. (a) Except as otherwise provided in this section, the terms
and conditions set forth in Chapter 32 and Article 2, commencing with Section 27-2-50, of
Chapter 2, pertaining to rehabilitation, reorganization, conservation, and liquidation of
insurers, shall apply in full to captive insurance companies formed or licensed under this
chapter. (b) In the event of an action described in subsection (a) against a protected cell
captive insurance company, both of the following shall apply: (1) The assets of a protected
cell may not be used to pay any expenses or claims other than those attributable to the protected
cell. (2) Its capital and surplus shall at all times be available to pay any expenses of or
claims against the protected cell captive insurance company. (c) Notwithstanding the provisions
of this title, in the event of an insolvency of a protected cell captive insurance company
where the commissioner determines that one or more protected cells remain...
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27-7-1
Section 27-7-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) BUSINESS ENTITY. A corporation,
association, partnership, limited liability company, limited liability partnership, or other
legal entity. (2) COMMISSIONER. The Alabama Commissioner of Insurance. (3) HOME STATE. The
District of Columbia and any state or territory of the United States in which an insurance
producer maintains his or her principal place of residence or principal place of business
and is licensed to act as an insurance producer. (4) INSURANCE. As defined in Section 27-1-2.
(5) INSURANCE PRODUCER or PRODUCER. A person required to be licensed under the laws of this
state to sell, solicit, or negotiate insurance. (6) INSURER. As defined in Section 27-1-2.
For the purposes of this chapter, insurer shall also mean an insurance company licensed pursuant
to Chapter 3, commencing with Section 27-3-1 of this title; a health...
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27-31B-12
Section 27-31B-12 Legal investments. (a) An association captive insurance company, risk retention
group, and an industrial insured captive insurance company insuring the risks of an industrial
insured group defined in paragraph b. of subdivision (18) of Section 27-31B-2 shall comply
with the investment requirements contained in this title, as applicable; provided, however,
that compliance with these investment requirements shall be waived for risk retention groups
to the extent that credit for risks ceded to reinsurers is allowed pursuant to Section 27-31B-13
or to the extent otherwise deemed reasonable and appropriate by the commissioner. Chapter
37 of this title shall apply to association captives, risk retention groups, and industrial
insured captive insurance companies insuring the risks of industrial insured groups defined
in paragraph b. of subdivision (18) of Section 27-31B-2 except to the extent it is inconsistent
with approved accounting standards in use by the association...
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