27-44-12
Section 27-44-12 Duties of commissioner and board with regard to detection and prevention of
insolvencies or impairment. To aid in the detection and prevention of insurer insolvencies
or impairment: (1) It shall be the duty of the commissioner: a. To notify the commissioners
of those states, territories of the United States and the District of Columbia where such
member company is licensed when he takes any of the following actions against a member insurer:
1. Revocation of license; 2. Suspension of license; 3. Makes any formal order that such company
restrict its premium writing or obtain additional contributions to capital or surplus. Such
notice shall be mailed to all commissioners within 30 days following the action taken or the
date on which such action occurs. b. To report to the board of directors when he has taken
any of the actions set forth in paragraph a. of this subdivision or has received a report
from any other commissioner indicating that any such action has been taken...
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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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27-42-13
Section 27-42-13 Prevention of insolvencies; examinations of insurers; reports. (a) To aid
in the detection and prevention of insurer insolvencies, it shall be the duty of the board
of directors, upon majority vote, to notify the commissioner of any information indicating
any member insurer may be insolvent or in a financial condition hazardous to the policyholders
or the public. (b) The board of directors may, upon majority vote, request that the commissioner
order an examination of any member insurer which the board in good faith believes may be in
a financial condition hazardous to the policyholders or the public. Within 30 days of the
receipt of such request, the commissioner shall begin such examination. The examination may
be conducted as a National Association of Insurance Commissioners' examination or may be conducted
by such persons as the commissioner designates. The cost of such examination shall be paid
by the association and the examination report shall be treated as are...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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27-42-8
an amount as follows: 1. The full amount of a covered claim for benefits under workers' compensation
insurance coverage. 2. An amount not exceeding ten thousand dollars ($10,000) per policy for
a covered claim for the return of unearned premium. 3. An amount not exceeding three hundred
thousand dollars ($300,000) or the policy limits, whichever is less, per claim for all covered
claims. For purposes of this limitation, all claims of any kind whatsoever arising out of,
or related to, bodily injury or death to any one person shall constitute a single claim,
regardless of the number of claims made or the number of claimants. b. In no event shall the
association be obligated to pay a claimant an amount in excess of the obligation of the insolvent
insurer under the policy or coverage from which the claim arises. c. Notwithstanding any other
provisions of this chapter, a covered claim shall not include any claim filed with the association
after the earlier of: 1. Twenty-five months...
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22-6-151
Section 22-6-151 Regional care organizations; governing board of directors; citizen's advisory
committee; solvency and financial requirements; reporting; provider standards committee. (a)
A regional care organization shall serve only Medicaid beneficiaries in providing medical
care and services. (b) Notwithstanding any other provision of law, a regional care organization
shall not be deemed an insurance company under state law. (c)(1) A regional care organization
and an organization with probationary regional care organization certification shall have
a governing board of directors composed of the following members: a. Twelve members shall
be persons representing risk-bearing participants in the regional care organization or organization
with probationary certification. A participant bears risk by contributing cash, capital, or
other assets to the regional care organization. A participant also bears risk by contracting
with the regional care organization to treat Medicaid beneficiaries...
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27-21A-2
Section 27-21A-2 Establishment of health maintenance organizations. (a) Notwithstanding any
law of this state to the contrary, any person may apply to the commissioner for and obtain
a certificate of authority to establish and operate a health maintenance organization in compliance
with this chapter. No person shall establish or operate a health maintenance organization
in this state without obtaining a certificate of authority under this chapter. A foreign corporation
may qualify under this chapter, subject to its registration to do business in this state as
a foreign corporation under the provisions of Sections 10-2A-220, et seq. (b) Health maintenance
organizations licensed as of May 29, 1986, shall be issued a certificate of authority in accordance
with Section 27-21A-29. (c) Each application for a certificate of authority shall be verified
by an officer or authorized representative of the applicant, shall be in a form prescribed
by the commissioner, and shall set forth or be...
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27-42-17
Section 27-42-17 Immunity. There shall be no liability on the part of and no cause of action
of any nature shall arise against any member insurer, the association or its agents or employees,
the board of directors or the commissioner or his representatives for any action taken by
them in the performance of their powers and duties under this chapter. (Acts 1980, No. 80-806,
p. 1639, §17.)...
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27-44-11
Section 27-44-11 Duties and powers of commissioner; appeal and review; notification. In addition
to the duties and powers enumerated elsewhere in this chapter: (1) The commissioner shall:
a. Upon request of the board of directors, provide the association with a statement of the
premiums in the appropriate states for each member insurer. b. When an impairment is declared
and the amount of the impairment is determined, serve a demand upon the impaired insurer to
make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute
notice to its shareholders, if any. The failure of the insurer to promptly comply with such
demand shall not excuse the association from the performance of its powers and duties under
this chapter. c. In any liquidation or rehabilitation proceeding involving a domestic insurer,
petition the court of competent jurisdiction to have the chief of the receivership division
appointed as the liquidator or rehabilitator. If a foreign or...
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27-44-17
Section 27-44-17 Immunity under chapter. There shall be no liability on the part of and no
cause of action of any nature shall arise against any member insurer or its agents or employees,
the association or its agents or employees, members of the board of directors, or the commissioner
or his representatives, for any action taken by them in the performance of their powers and
duties under this chapter. (Acts 1982, No. 82-561, p. 922, §17.)...
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