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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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27-44-3
Section 27-44-3 Scope of chapter. (a) This chapter shall provide coverage for the policies
and contracts specified in subsection (b) as follows: (1) To persons who, regardless of where
they reside (except for non-resident certificate holders under group policies or contracts),
are the beneficiaries, assignees, or payees of the persons covered under subdivision (2).
(2) To persons who are owners of or certificate holders under the policies or contracts, other
than structured settlement annuities, and in each case who are either of the following: a.
Residents b. Not residents, but only under all of the following conditions: 1. The insurer
that issued the policies or contracts is domiciled in this state. 2. The states in which the
persons reside have associations similar to the association created by this chapter. 3. The
persons are not eligible for coverage by an association in any other state due to the fact
the insurer was not licensed in the state at the time specified in the state's...
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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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27-32-39
Section 27-32-39 Priority of claims of policyholders and beneficiaries - Reinsuring of policies.
(a) When, upon hearing, the circuit court having jurisdiction of a receivership shall determine
it to be in the best interest of the policyholders and the public, the court may order and
direct the receiver to reinsure the policies of the insurer with a solvent insurer to the
extent of the assets available in the receivership. The circuit court is hereby empowered
to place a lien or moratorium against policy benefits and values as necessary to reinsure
all policyholders as fully as possible to the extent of assets available and to order the
receiver to transfer such assets as determined adequate, necessary, or available to reinsure
policies of the insolvent insurer with a solvent insurer, to the exclusion of general creditors
should no assets remain thereafter. (b) Except as provided in subsection (c), reinsurance
shall be payable under a contract reinsured by the assuming insurer on 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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25-5-8
foregoing, the insurance association, organization, or corporation shall have first had its
contract and plan of business approved in writing by the Commissioner of the Department of
Insurance of Alabama and have been authorized by the Department of Insurance to transact the
business of workers' compensation insurance in this state and under the plan. Notwithstanding
any other provision of the law to the contrary, the obligations of employers under law for
workers' compensation benefits for injury of employees may be insured by any combination
of life, disability, accident, health, or other insurance provided that the coverages insure
without limitation or exclusion the workers' compensation benefits of this state. (b) Option
to operate as self-insurer. An employer subject to this chapter who elects not to insure his
or her liability thereunder shall furnish satisfactory proof to the secretary of his or her
financial ability to pay directly compensation in the amount and manner and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-8.htm - 14K - Match Info - Similar pages
27-44-9
Section 27-44-9 Assessments. (a) For the purpose of providing the funds necessary to carry
out the powers and duties of the association, the board of directors shall assess the member
insurers, separately for each account, at such time and for such amounts as the board finds
necessary. Assessments shall be due not less than 30 days after prior written notice to the
member insurers and shall accrue interest at six percent per annum on and after the due date.
(b) There shall be two classes of assessments, as follows: (1) Class A assessments shall be
authorized and called for the purpose of meeting administrative and legal costs and other
expenses. Class A assessment may be authorized and called whether or not related to a particular
impaired or insolvent insurer. (2) Class B assessments shall be authorized and called to the
extent necessary to carry out the powers and duties of the association under Section 27-44-8
with regard to an impaired or insolvent insurer. (c)(1) The amount of a...
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27-44-5
territories, or protectorates that do not have an association similar to the association created
by this chapter, shall be deemed residents of the state of domicile of the insurer that issued
the policies or contracts. (19) STATE. A state, the District of Columbia, Puerto Rico, and
a United States possession, territory, or protectorate. (20) STRUCTURED SETTLEMENT ANNUITY.
An annuity purchased in order to fund periodic payments for a plaintiff or other claimant
in payment for or with respect to personal injury suffered by the plaintiff
or other claimant. (21) SUPPLEMENTAL CONTRACT. A written agreement entered into for the distribution
of proceeds under a life, disability, or annuity policy or contract. (22) UNALLOCATED ANNUITY
CONTRACT. An annuity contract or group annuity certificate which is not issued to and owned
by an individual, except to the extent of any annuity benefits guaranteed to an individual
by an insurer under the contract or certificate. (Acts 1982, No. 82-561, p. 922,...
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35-8A-313
or such greater percentage of such actual cash value as may be necessary to prevent the applicability
of any co-insurance provision and at each renewal date, exclusive of land, excavations, foundations,
and other items normally excluded from property policies; and (2) Liability insurance, including
medical payments insurance, in an amount determined by the board but not less than any amount
specified in the declaration, covering all occurrences commonly insured against for death,
bodily injury, and property damage arising out of or in connection with the use, ownership,
or maintenance of the common elements. (b) In the case of a building containing units having
horizontal boundaries described in the declaration, the insurance maintained under subdivision
(a)(1), to the extent reasonably available, must include the units, but need not include improvements
and betterments installed by unit owners. (c) If the insurance described in subsections (a)
and (b) is not reasonably available,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-313.htm - 6K - Match Info - Similar pages
27-5B-14
Section 27-5B-14 Asset or reduction from liability for reinsurance ceded by a domestic insurer
to an assuming insurer not meeting the requirements of Sections 27-5B-3 through 27-5B-13.
An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to
an assuming insurer not meeting the requirements of Section 27-5B-3, 27-5B-4, 27-5B-5, 27-5B-6,
27-5B-7, 27-5B-8, 27-5B-9, 27-5B-10, 27-5B-11, 27-5B-12, or 27-5B-13 shall be allowed in an
amount not exceeding the liabilities carried by the ceding insurer. The reduction shall be
in the amount of funds held by or on behalf of the ceding insurer, including funds held in
trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security
for the payment of obligations thereunder, if the security is held in the United States subject
to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the
case of a trust, held in a qualified U.S. financial institution, as...
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