reglab/housing_qa huggingface dataset:
AL Code § 27-12A-7 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 1 - Definitions and Crime of Insurance Fraud.|Section 27-12A-7 - Enforcement.

Section 27-12A-7Enforcement. (a) The enforcement of this chapter shall be vested in the Department of Insurance. It shall be the duty of the department to see that the provisions of this chapter are at all times obeyed and to take such measures and to make such investigations as will prevent or detect the violation of any provision thereof. The department may present to the Attorney General any credible evidence coming to its knowledge of criminality under this chapter. In the event of the neglect or refusal of the Attorney General to institute and prosecute the violation, the department shall be authorized to proceed therein with all the rights, privileges, and powers conferred by law upon the Attorney General including the power to appear before grand juries and to interrogate witnesses before grand juries. (b) Nothing in this article limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law. (c) Nothing in this chapter shall be construed as state regulation of self-insured employee welfare benefit plans as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (d) Nothing in this chapter shall be construed as expanding the authority of the Department of Insurance to investigate or audit the records of the sponsor or members of a sponsor group of self-insured employee welfare benefit plans as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-8 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 1 - Definitions and Crime of Insurance Fraud.|Section 27-12A-8 - Licensing Penalties for Insurance Fraud.

Section 27-12A-8Licensing penalties for insurance fraud.  (a) A producer who violates this chapter may be subject to the suspension or revocation of any insurance license held by the producer or civil penalties of up to five thousand dollars ($5,000) per violation, or both. Suspension or revocation of an insurance license or certificate of authority and the imposition of civil penalties shall be pursuant to action brought before the commissioner. Suspension or revocation of any insurance licenses and the imposition of civil penalties shall be pursuant to action brought before the commissioner in accordance with this title. (b) An insurer who, with such frequency as to indicate its general business practice in this state, is in violation of this chapter may be subject to the suspension or revocation of any certificate of authority held by insurer or civil penalties of up to five thousand dollars ($5,000) per violation, or both. Suspension or revocation of a certificate of authority and the imposition of civil penalties shall be pursuant to action brought before the commissioner in accordance with Section 27-3-21 and subject to the right of appeal in accordance with Section 27-2-32. (c) The commissioner shall also notify the proper licensing authority of a practitioner for the appropriate disciplinary action including the revocation or suspension of any professional license when a practitioner is convicted of a violation of this chapter and whose services are compensated in whole or in part, directly or indirectly, by insurance proceeds. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-9 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 1 - Definitions and Crime of Insurance Fraud.|Section 27-12A-9 - Administrative Cease and Desist Authority.

Section 27-12A-9Administrative cease and desist authority. Whenever it appears to the commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the commissioner may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease and desist order, with or without a prior hearing, against the person or persons engaged in the prohibited activities, directing them to cease and desist from engaging in the act or practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this chapter or any rule or order issued hereunder. Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing by the commissioner, the court may enter an order of rescission, restitution, or disgorgement directed at any person who has engaged in an act constituting a violation of this chapter or any rule or order adopted or issued pursuant to this chapter. The commissioner shall not be required to post a bond. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-10 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 1 - Definitions and Crime of Insurance Fraud.|Section 27-12A-10 - Promulgation of Rules.

Section 27-12A-10Promulgation of rules. The Commissioner of Insurance may adopt reasonable rules for the implementation and administration of this chapter. (Act 2012-429, p. 1170, §5.)
AL Code § 27-12A-20 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 2 - Insurance Fraud Prevention.|Section 27-12A-20 - Fraud Warning.

Section 27-12A-20Fraud warning. (a) A fraud warning shall be included on at least one of the following: Claim release forms, applications, reinstatements for insurance, participation agreements, declaration pages, and claim documents, regardless of the method or form of transmission and shall contain the following statement or a substantially similar statement: "Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof." (b) The lack of a statement required by subsection (a) shall not constitute a defense in any prosecution for insurance fraud. (c) Policies issued by unauthorized insurers shall contain a statement disclosing the status of the insurer to do business in the state where the policy is delivered or issued for delivery or the state where coverage is in force. (d) Insurers shall comply with subsection (a) not later than February 1, 2013. (e) This section does not require notice to persons insured under existing policies, except to the extent the persons receive, after August 1, 2012, a document listed in subsection (a) which has been selected by the insurer to contain the fraud warning. (f) None of the requirements of this section shall be deemed to apply to reinsurers, reinsurance contracts, reinsurance agreements, or reinsurance claims transacted. (g) As used in this section, insurer refers only to those entities defined in Section 27-12A-1(5) which hold a certificate of authority from the commissioner, and unauthorized insurers refers only to those entities operating pursuant to Article 2, beginning with Section 27-10-20, of Chapter 10. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-21 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 2 - Insurance Fraud Prevention.|Section 27-12A-21 - Mandatory Reporting Requirements.

Section 27-12A-21Mandatory reporting requirements. (a) Persons engaged in the business of insurance, having knowledge or a reasonable belief that insurance fraud is being, will be, or has been committed, shall provide to the department such information that is required by, and in a manner prescribed by, the department. As used in this section, persons engaged in the business of insurance refers only to those entities defined in Section 27-12A-1(5) which hold a certificate of authority from the commissioner. (b) A person other than an insurer having knowledge or having a reasonable belief that insurance fraud is being, will be, or has been committed may provide the information to the Attorney General, the department, or both. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-22 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 2 - Insurance Fraud Prevention.|Section 27-12A-22 - Immunity From Liability.

Section 27-12A-22Immunity from liability.  (a) Except as otherwise provided in subsection (b), there shall be no civil liability imposed on and no cause of action shall arise against a person for furnishing or receiving information concerning suspected, anticipated, or completed insurance fraud. This shall not abrogate or modify common law or statutory privileges or immunities enjoyed by a person, and the limit on civil liability applies only to the act of reporting and does not limit civil liability against a person for committing fraud or other tortuous conduct. (b) Subsection (a) shall not apply to false statements made with actual malice by a person furnishing or receiving information concerning suspected, anticipated, or completed insurance fraud. In any action brought against a person for filing a report or furnishing other information concerning insurance fraud, the party bringing the action shall plead specifically any allegations that subsection (a) shall not apply because the person filing the report or furnishing the information did so with actual malice. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-23 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 2 - Insurance Fraud Prevention.|Section 27-12A-23 - Confidentiality.

Section 27-12A-23Confidentiality.  (a) Documents and evidence provided pursuant to Section 27-12A-21 or obtained by the department in an investigation of suspected or actual insurance fraud shall be privileged and confidential, shall not be a public record, and shall not be subject to discovery or subpoena in a civil or criminal action. (b) Notwithstanding subsection (a), the department may release documents and evidence obtained by the unit in an investigation of suspected or actual insurance fraud pursuant to any of the following: (1) Administrative or judicial bodies hearing proceedings to enforce laws administered by the department. (2) Federal, state, or local law enforcement or regulatory agencies, including, but not limited to, the Attorney General and the Chief Examiner of Public Accounts; the NICB; or the NAIC. (3) At the discretion of the commissioner, a person in the transaction of the business of insurance that is aggrieved by the insurance fraud. (c) Release of documents and evidence under subsection (b) shall not abrogate or modify the privilege granted in subsection (a). (d) The confidentiality of records imposed by this section shall not extend to any documents or evidence submitted as part of an investigative report that are public documents. A document that is a public record pursuant to any other statute shall not be affected by this section. (e) Employees, directors, agents, servants, staff investigators, staff attorneys, and others engaged by or on behalf of the State of Alabama for the purpose of implementing or performing the duties, obligations, and responsibilities under this chapter, shall not be subject to subpoena in civil actions by any court in this state to testify concerning any matter of which they have knowledge that arises out of or is related to a pending or continuing insurance fraud investigation being conducted by the unit. (f) With the exception of those documents created by or at the request of a company specifically in connection with the investigation of suspected or actual insurance fraud, subsection (a) shall not be construed to prevent the discovery of documents otherwise subject to discovery in a civil matter from the insurer or producer. Copies of all documents, materials, and information furnished to the department by an insurer, producer, or an employee or agent on behalf of an insurer or producer, shall be retained in their ordinary and customary location by the insurer or producer for the period provided by law. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-24 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 2 - Insurance Fraud Prevention.|Section 27-12A-24 - Other Law Enforcement or Regulatory Authority.

Section 27-12A-24Other law enforcement or regulatory authority.  This chapter shall not be construed to do any of the following: (1) Preempt the authority or relieve other law enforcement or regulatory agencies of the duty to investigate, examine, and prosecute suspected violations of law. (2) Prevent or prohibit a person from voluntarily disclosing information concerning insurance fraud to a law enforcement or regulatory agency other than the unit. (3) Limit the powers granted by law to the Attorney General, the commissioner, the department, or the unit to investigate and examine possible violations of law and to take appropriate action against wrongdoers. (4) Create a private cause of action. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-41 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 3 - Insurance Fraud Unit.|Section 27-12A-41 - Assessments.

Section 27-12A-41Assessments.  (a) The commissioner shall assess each insurer authorized to write insurance in the State of Alabama two hundred dollars ($200) per year in order to fund the operations of the unit. (b) Assessments shall be due not less than 30 days after prior written notice to the insurer and shall accrue interest at six percent per annum on and after the due date. Failure to remit payment of an assessment shall warrant the suspension or revocation of an insurer's certificate of authority. (c) As used in this section insurer authorized to write insurance in the State of Alabama refers only to those entities defined in subdivision (5) of Section 27-12A-1 which hold a certificate of authority from the commissioner. (Act 2012-429, §2.)
AL Code § 27-12A-42 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 12A - Insurance Fraud Investigation Unit and Crime Prevention Act.|Article 3 - Insurance Fraud Unit.|Section 27-12A-42 - Creation of Insurance Fraud Unit Fund.

Section 27-12A-42Creation of Insurance Fraud Unit Fund.  (a) There is created a fund in the State Treasury designated the Insurance Fraud Unit Fund. The expenses incurred by the department in operating the unit, including expenses incurred by the department for providing administrative personnel, legal counsel, litigation support, expert witness, and costs of investigations, shall be paid from the fund. The department may not hire, contract, or otherwise engage the services of private attorneys to administer or implement this chapter. No funds shall be withdrawn or expended from this fund except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, other appropriation acts, or Sections 3 and 4 of Act 2012-429. (b) The department shall deposit the funds received pursuant to Section 27-12A-41 into the State Treasury to the credit of the Insurance Fraud Unit Fund. (c) The department may file a claim for restitution for any expenses incurred by the department in investigating and prosecuting a person convicted of insurance fraud. This restitution shall be payable to the State Treasury to the credit of the Insurance Fraud Unit Fund as a refund against disbursements. (d) Monies not used during a fiscal year shall be carried over in the Insurance Fraud Unit Fund and shall not revert to the State General Fund. (Act 2012-429, §2.)
AL Code § 27-13-1 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 1 - General Provisions.|Section 27-13-1 - Purpose of Chapter; Construction Thereof.

Section 27-13-1Purpose of chapter; construction thereof. The purpose of this chapter is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory and to authorize and regulate cooperative action among insurers in rate-making and in other matters within the scope of this chapter. Nothing in this chapter is intended: (1) To prohibit or discourage reasonable competition; or (2) Prohibit or encourage, except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans, or practices. This chapter shall be liberally interpreted to carry into effect the provisions of this section. (Acts 1971, No. 407, p. 707, §250.)
AL Code § 27-13-2 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 1 - General Provisions.|Section 27-13-2 - Administration of Laws Relating to Rates and Rating Systems.

Section 27-13-2Administration of laws relating to rates and rating systems. The commissioner is charged with the duty of the administration of all laws now relating, or hereafter relating, to insurance rates and rating systems of all companies authorized to do business in the State of Alabama, with the exception of rates of life and health and accident business and rates of title insurance. (Acts 1945, No. 118, p. 111, §2; Acts 1971, No. 407, p. 707, §253.)
AL Code § 27-13-3 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 1 - General Provisions.|Section 27-13-3 - Filing of Data or Information by Insurers.

Section 27-13-3Filing of data or information by insurers. (a) The commissioner may require any regulated insurer engaged in any of the businesses in Alabama as enumerated in this chapter to file with the department any data or information required or necessary in the performance of the duties of the commissioner, the data or information to be filed in the manner and on forms as may be prescribed by the commissioner. (b) The records of the commissioner and insurance filings in the commissioner's office submitted in accordance with this chapter shall be open to public inspection, except as otherwise provided by this title or where the records and insurance filings are considered to be confidential as commercially valuable trade secrets under Chapter 27 of Title 8. The commissioner may not release the confidential information except by court order. The confidential information shall be submitted under separate cover and clearly state the desires of the party filing the information as to its confidentiality. The confidential information shall be maintained by the commissioner separate and distinct from all records available for public inspection. If the commissioner receives a court order to release the confidential information, the commissioner shall give notice of not less than 10 business days to the party that filed the confidential information before releasing the information. (Acts 1945, No. 118, p. 111, §5; Acts 1971, No. 407, p. 707, §254; Act 2021-237, §1.)
AL Code § 27-13-4 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 1 - General Provisions.|Section 27-13-4 - Rules and Regulations.

Section 27-13-4Rules and regulations. The commissioner shall, from time to time, promulgate such rules and regulations as he may deem necessary to carry out the provisions of this article and, upon request, shall furnish to any interested party a copy of such rules and regulations. (Acts 1945, No. 118, p. 111, §6; Acts 1971, No. 407, p. 707, §255.)
AL Code § 27-13-5 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 1 - General Provisions.|Section 27-13-5 - Disposition of Licenses Collected From Rating Organizations.

Section 27-13-5Disposition of licenses collected from rating organizations. Any licenses collected from any rating organization by the commissioner shall be paid into the Treasury of the State of Alabama. (Acts 1945, No. 118, p. 111, §7; Acts 1971, No. 407, p. 707, §256.)
AL Code § 27-13-6 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 1 - General Provisions.|Section 27-13-6 - Short Title.

Section 27-13-6Short title. This chapter may be referred to as "The Rating Law." (Acts 1971, No. 407, p. 707, §251.)
AL Code § 27-13-20 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 13 - Rates and Rating Organizations.|Article 2 - Fire, etc., and Inland Marine Insurance.|Section 27-13-20 - Definitions.

Section 27-13-20Definitions. For the purposes of this article, unless otherwise stated, the following terms shall have the meanings respectively ascribed to them by this section. (1) RATE. The unit charge by which the measure of exposure or the amount of insurance specified in a policy of insurance or covered thereunder is multiplied to determine the premium. (2) PREMIUM. The consideration paid, or to be paid, to an insurer for the issuance and delivery of any binder or policy of insurance. (3) RATE-MAKING. The examination and analysis of every factor and influence related to, and bearing upon, the hazard and risk made the subject of insurance, the collection and collation of such factors and influences into rating systems and the application of such rating systems to individual risks. (4) RATING SYSTEM. Every schedule, class, classification, rule, guide, standard, manual, table, rating plan, policy, policy form, or compilation, by whatever name described, containing the rates used by any rating organization or by any insurer or used by any insurer or by any rating organization in determining or ascertaining a rate. (5) RATING ORGANIZATION. Every person or persons, corporation, partnership, company, society, bureau or association, whether located within or outside this state, engaged in the business of rate-making for two or more insurers. (6) INSURER. Any person or persons, corporation, association, partnership, reciprocal exchange, or company authorized by the laws of this state to transact the business of insurance in this state. (7) RISK. Any property, real or personal, described in any policy, exposed to any hazard or peril named in such policy. (8) UNREASONABLY HIGH RATES. No rate shall be held to be unreasonably high unless: a. Such rate is unreasonably high for the insurance provided; and b. A reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable. (9) INADEQUATE RATE. No rate shall be held to be inadequate which upon reasonable assumptions of prospective loss and expense experience will produce an underwriting profit. (Acts 1945, No. 132, p. 133, §1; Acts 1971, No. 407, p. 707, §257.)