Code of Alabama

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27-40-1
Section 27-40-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the following meanings: (1) INSURANCE PREMIUM FINANCE COMPANY. A person engaged
in the business of entering into premium finance agreements. (2) PREMIUM FINANCE AGREEMENT.
An agreement by which an insured or prospective insured promises to pay to a premium finance
company the amount advanced or to be advanced under the agreement to an insurer or to an insurance
agent or broker in payment of premiums on an insurance contract together with a service charge,
as authorized and limited by this chapter, and charges for wind mitigation construction financing,
as approved by the commissioner. (3) LICENSEE. A premium finance company holding a license
issued under this chapter. (4) PERSON. An individual, partnership, association, business corporation,
nonprofit corporation, common law trust, joint-stock company, or any other group of individuals
however organized. (5) INSURANCE CONTRACT. The...
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27-12A-2
Section 27-12A-2 Insurance fraud - definition. A person commits the crime of insurance fraud
if, knowingly and with intent to defraud, he or she commits, or conceals any material information
concerning, one or more of the following acts: (1) The solicitation or acceptance of new or
renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the
transaction of the business of insurance, by a person who knows the insurer, reinsurer, or
other person responsible for the risk is financially unable to pay its claims at the time
of the transaction. (2) The removal, concealment, alteration, or destruction of the assets
or records relating to the transaction of the business of insurance of an insurer, reinsurer,
or other person engaged in the transaction of the business of insurance. This section does
not prohibit an insurer, reinsurer, or other person engaged in the transaction of the business
of insurance from destroying records or documents relating to the...
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5-18-17
Section 5-18-17 Insurance in connection with credit transaction. (a) With respect to any insurance
written in connection with any credit transaction under this chapter, the creditor shall be
subject to the same restrictions, prohibitions, powers, and allowances as any creditor bank,
retail establishment, sales finance company, licensee, or any other creditor under Section
5-19-20, and shall be subject to the same rates and regulations promulgated pursuant to that
section. (b) Insurance sold by a licensee or its agents shall be regulated by the Supervisor
of the Bureau of Loans. All insurance shall be written by a company authorized to conduct
business in the State of Alabama. (Acts 1959, No. 374, p. 966, §16; Acts 1979, No. 79-327,
p. 490, §2; Acts 1996, No. 96-757, p. 1331, §1.)...
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8-37-6
Section 8-37-6 Cancellation of GAP waiver agreements. (a) Guaranteed asset protection waiver
agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver
within the Free Look Period, the creditor, administrator, or other authorized party shall
provide the borrower a full refund of the purchase price of the GAP waiver, provided no benefits
have been provided. In the event a borrower cancels the waiver after the Free Look Period
and no benefits have been provided, the creditor, administrator, or other authorized party
shall provide the borrower a pro rata refund of the purchase price, less any cancellation
fee no greater than fifty dollars ($50) in accordance with the terms of the waiver. (b) In
the event of cancellation of the GAP waiver due to early termination of the finance agreement,
the creditor shall provide, or cause the administrator or retail seller to provide, within
60 days of termination, any refund due to a borrower without requiring the...
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27-3-6.1
Section 27-3-6.1 Authority to transact insurance - Kind or combinations of kinds - Closing
or settlement protection. (a) Notwithstanding the provisions of subdivision (3) of Section
27-3-6, a title insurer may issue closing or settlement protection to a person who is a party
to a transaction in which a title insurance policy will be issued. (b) The form of closing
or settlement protection shall be submitted to and approved by the commissioner. (c) The closing
or settlement protection may indemnify a person only against loss of closing or settlement
funds because of one of the following acts of a settlement agent, such as a title insurance
agent or other settlement service provider which has been approved by the title insurer for
such protection, under the terms and conditions of the closing protection as approved by the
commissioner: (1) Theft or misappropriation of settlement funds in connection with a transaction
in which a title insurance policy or title insurance policies will be...
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45-2-41.01
Section 45-2-41.01 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALER. A person whose business is the wholesale distribution of liquid
goods for resale and who is a grantee of a dealership agreement for the sale or distribution
of liquid goods at wholesale within Baldwin County. (3) DEALERSHIP AGREEMENT. An agreement
or contract, either express or implied, between two or more persons, by which a person is
granted the right to sell or distribute liquid goods, or use a trade name, trademark, service
mark, logotype, advertising, or other commercial symbol in the sale of liquid goods, in which
there is a community of interest in the business of offering, selling, or distributing liquid
goods at wholesale, retail, by lease, agreement, or otherwise. (4)...
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45-49-41
Section 45-49-41 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALERSHIP AGREEMENT. An agreement or contract, either express or implied,
between two or more persons, by which a person is granted the right to sell or distribute
liquid goods, or use a trade name, trademark, service mark, logotype, advertising, or other
commercial symbol in the sale of liquid goods, in which there is a community of interest in
the business of offering, selling, or distributing liquid goods at wholesale, retail, by lease,
agreement, or otherwise. (3) GOOD CAUSE. Failure by a dealer to comply substantially with
a provision of the dealership agreement which is both reasonable and of material significance
to the business relationship between the dealer and grantor, provided...
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7-1-203
Section 7-1-203 Lease distinguished from security interest. (a) Whether a transaction in the
form of a lease creates a lease or security interest is determined by the facts of each case.
(b) A transaction in the form of a lease creates a security interest if the consideration
that the lessee is to pay the lessor for the right to possession and use of the goods is an
obligation for the term of the lease and is not subject to termination by the lessee, and:
(1) The original term of the lease is equal to or greater than the remaining economic life
of the goods; (2) The lessee is bound to renew the lease for the remaining economic life of
the goods or is bound to become the owner of the goods; (3) The lessee has an option to renew
the lease for the remaining economic life of the goods for no additional consideration or
for nominal additional consideration upon compliance with the lease agreement; or (4) The
lessee has an option to become the owner of the goods for no additional...
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27-40-16
Section 27-40-16 Payment of rebates or inducements prohibited; purchase of premium finance
agreement. No premium finance company and no employee of such a company shall pay, allow,
or offer to pay or allow in any manner whatsoever to the insurance agent, insurance broker,
or managing general agent, or any employee of any of the aforesaid, or to any other person,
either as an inducement to the financing of any insurance contract with the premium finance
company, or, after any such contract has been financed, any rebate whatsoever, either from
the service charge for financing specified in the premium finance agreement or otherwise,
or shall give or offer to give any valuable consideration or inducement of any kind directly,
but a premium finance company may purchase or otherwise acquire a premium finance agreement,
provided that it conforms to the provisions of this chapter, in all respects, from another
premium finance company on such terms and conditions as may be mutually agreed upon....
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32-7-19
Section 32-7-19 Alternate methods of giving proof; registration of motor vehicle of person
required to give proof. (a) Proof of financial responsibility when required under this chapter
with respect to a motor vehicle or with respect to a person who is not the owner of a motor
vehicle may be given by filing: (1) A certificate of insurance as provided in Section 32-7-20
or Section 32-7-21; or (2) A bond as provided in Section 32-7-26; or (3) A certificate of
deposit of money or securities as provided in Section 32-7-27; or (4) A certificate of self-insurance,
as provided in Section 32-7-34, supplemented by an agreement by the self-insurer that, with
respect to accidents occurring while the certificate is in force, he or she will pay the same
judgments and in the same amounts that an insurer would have been obligated to pay under an
owner's motor vehicle liability policy if it had issued such a policy to the self-insurer.
(b) Proof of financial responsibility relating to a motor vehicle...
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