Code of Alabama

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27-31A-2
investment policies, and reinsurance agreements. g. Identification of each state in which the
risk retention group has obtained, or sought to obtain, a charter and license, and a description
of its status in each state. h. Other matters as may be prescribed by the Commissioner of
Insurance, or like official, in which the risk retention group is chartered for liability
insurance companies authorized by the insurance laws of that state. (9) PRODUCT LIABILITY.
Liability for damages because of any personal injury, death, emotional harm,
consequential economic damage, or property damage, including damages resulting from the loss
of use of property, arising out of the manufacture, design, importation, distribution, packaging,
labeling, lease, or sale of a product, but does not include the liability of any person for
those damages if the product involved was in the possession of the person when the incident
giving rise to the claim occurred. (10) PURCHASING GROUP. Any group which meets all...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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27-31A-12
Section 27-31A-12 Duty of producers to obtain license. (a) Risk retention groups. Persons representing
or aiding a risk retention group in the solicitation or negotiation of liability insurance
in this state and the risk retention group with respect thereto shall be subject to Chapters
7 and 8A of this title. (b) Purchasing groups. (1) No person, firm, association, or corporation
shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance
in this state for a purchasing group from an authorized insurer or a risk retention group
chartered in a state unless the person, firm, association, or corporation is licensed as an
insurance producer in accordance with Chapter 7, commencing with Section 27-7-1, of this title.
(2) No person, firm, association, or corporation shall act or aid in any manner in soliciting,
negotiating, or procuring liability insurance coverage in this state for any member of a purchasing
group under a purchasing group's policy unless that...
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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups chartered
and licensed in states other than this state and seeking to do business as a risk retention
group in this state shall comply with the laws of this state as follows: (1) NOTICE OF OPERATIONS
AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this state, a risk
retention group shall submit to the commissioner both of the following: 1. A statement identifying
the state or states in which the risk retention group is chartered and licensed as a liability
insurance company, charter date, its principal place of business, and other information, including
information on its membership, as the commissioner of this state may require to verify that
the risk retention group is qualified pursuant to subdivision (11) of Section 27-31A-2. 2.
A copy of its plan of operations or feasibility study and revisions of the plan or study submitted
to the state in which the risk retention...
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27-31A-8
Section 27-31A-8 Notice and registration requirements of purchasing groups. (a) A purchasing
group which intends to do business in this state shall, prior to doing business, furnish notice
to the commissioner which shall include all of the following: (1) Identify the state in which
the group is domiciled. (2) Identify all other states in which the group intends to do business.
(3) Specify the lines and classifications of liability insurance which the purchasing group
intends to purchase. (4) Identify the insurance company or companies from which the group
intends to purchase its insurance and the domicile of any company. (5) Specify the method
by which, and the person or persons, if any, through whom insurance will be offered to its
members whose risks are resident or located in this state. (6) Identify the principal place
of business of the group. (7) Provide other information as may be required by the commissioner
to verify that the purchasing group is qualified under subdivision...
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27-31A-3.1
Section 27-31A-3.1 Risk retention groups to comply with governance standards. (a) By January
1, 2016, existing risk retention groups shall be in compliance with the governance standards
set forth in this section. New risk retention groups shall be in compliance with these standards
at the time of licensure. (b) The board of directors or board, as used in this section, means
the governing body of the risk retention group elected by the shareholders or members to establish
policy, elect or appoint officers and committees, and make other governing decisions. Director,
as used in this section, means a natural person designated in the articles of the risk retention
group, or designated, elected, or appointed by any other manner, name, or title to act as
a member of the board of directors. (c)(1) The board of directors of the risk retention group
shall have a majority of independent directors. If the risk retention group is a reciprocal,
then the attorney-in-fact would be required to adhere...
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27-31B-2
Section 27-31B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates otherwise: (1) AFFILIATED COMPANY. Any company
in the same corporate system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management. (2) ALIEN CAPTIVE INSURANCE
COMPANY. Any insurance company formed to write insurance business for its parents and affiliates
and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory
standards in a form acceptable to the commissioner on companies transacting the business of
insurance in that jurisdiction. (3) ASSOCIATION. Any legal association of individuals, corporations,
limited liability companies, partnerships, associations, or other entities whereby either
of the following exists: a. The member organizations of which, or the association itself,
whether or not in conjunction with some or all of the...
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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign
or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST.
An owner's interest in an entity. The term includes the owner's share of profits and losses
or similar items and the right to receive distributions. The term does not include an owner's
right to participate in management or participate in the direction or oversight of the entity.
An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity
that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary;
or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary.
(71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership,
a limited liability partnership, a foreign limited liability partnership, a limited partnership,
a foreign limited partnership, a limited liability...
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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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27-31B-3
(2) No association captive insurance company may insure any risks other than those of the member
organizations of its association, and their affiliated companies. (3) No industrial insured
captive insurance company may insure any risks other than those of the industrial insureds
that comprise the industrial insured group, and their affiliated companies. (4) No risk retention
group may insure any risks other than those of its members and owners. (5) No captive insurance
company may provide personal motor vehicle coverage or any component thereof. Homeowner's
insurance coverage may be written by an Alabama Coastal Captive Insurance Company as defined
in Chapter 31C, but only in the gulf front, beach, and seacoast areas as designated by the
Insurance Services Office, Inc. (6) No captive insurance company may accept or cede reinsurance
except as provided in Section 27-31B-13. (7) Any captive insurance company may provide excess
workers' compensation insurance to its parent and affiliated...
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