reglab/housing_qa huggingface dataset:
AL Code § 27-2-52 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 2 - Receivership Division.|Section 27-2-52 - Offices, Equipment, and Personnel; Operating Expenses.

Section 27-2-52Offices, equipment, and personnel; operating expenses. The Commissioner of Insurance shall furnish offices, equipment, operating expenses, and necessary personnel to maintain and operate the Receivership Division. The operating expenses of said division shall as far as practical be paid from the receiverships as administrative expenses on a pro rata basis, such expenses to be verified by the receiver to the receivership court having jurisdiction and paid on order of said court into the Special Examination Revolving Fund provided for in Section 27-2-25. To the extent of and limited to the funds paid into said revolving fund from receiverships, the Commissioner of Insurance is hereby authorized to draw upon said revolving fund on proper voucher, to pay for salaries, expenses, rent or equipment, or portion thereof, for the proper operation of the Receivership Division. Expenses and salaries not recoverable from receivership funds may be paid from funds appropriated to the Insurance Department. The Commissioner of Insurance is hereby authorized to assign one or more insurance examiners to the Receivership Division from time to time and to pay their salaries and expenses and to provide necessary equipment from the Special Examination Revolving Fund hereinabove mentioned. (Acts 1975, No. 1039, p. 2083, §5.)
AL Code § 27-2-53 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 2 - Receivership Division.|Section 27-2-53 - Appointment of Chief as Receiver - Generally.

Section 27-2-53Appointment of chief as receiver - Generally. Upon the Commissioner of Insurance bringing delinquency proceedings against any insurer pursuant to this title, or other insurance laws of the state, the proper circuit court having jurisdiction thereof shall appoint the Chief of the Receivership Division as receiver of such impaired or insolvent insurer, or ancillary receiver if a foreign insurer is found to be impaired or insolvent. (Acts 1975, No. 1039, p. 2083, §2.)
AL Code § 27-2-54 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 2 - Receivership Division.|Section 27-2-54 - Appointment of Chief as Receiver - Existing Receiverships.

Section 27-2-54Appointment of chief as receiver - Existing receiverships. The Commissioner of Insurance, as receiver in any existing receivership, may petition the proper receivership court to name as receiver thereof the Chief of the Receivership Division as provided for in this article, and upon making an accounting of the assets of such receivership by the commissioner, the court shall so change receivers or ancillary receivers by releasing and discharging the commissioner from such duty and responsibility and shall name the Chief of the Receivership Division as receiver or ancillary receiver. (Acts 1975, No. 1039, p. 2083, §3.)
AL Code § 27-2-55 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 2 - Receivership Division.|Section 27-2-55 - Assumption by Receiver of Certain Former Powers, Duties, etc., of Commissioner.

Section 27-2-55Assumption by receiver of certain former powers, duties, etc., of commissioner. All duties, rights, power, authority and responsibility placed upon the Commissioner of Insurance by Sections 27-32-15 through 27-32-36, or by future law, as receiver of an insurer shall be vested in and assumed by the receiver appointed pursuant to this article, however, nothing herein shall divest the commissioner of the authority to examine insurers for solvency and to institute delinquency proceedings pursuant to law. (Acts 1975, No. 1039, p. 2083, §4.)
AL Code § 27-10-1 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 1 - General Provisions.|Section 27-10-1 - Representing or Aiding Unauthorized Insurer Not Allowed; Exceptions; Validity of Contracts.

Section 27-10-1Representing or aiding unauthorized insurer not allowed; exceptions; validity of contracts. (a) No person shall in this state, directly or indirectly, act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state in the solicitation, negotiation, or effectuation of insurance or annuity contracts, forwarding of applications, delivery of policies or contracts, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state. (b) This section shall not apply to: (1) Acceptance of service of process by the commissioner under Section 27-10-52; (2) Surplus lines insurance or coverage specified in Section 27-10-34 and other transactions as to which a certificate of authority is not required of an insurer; (3) Adjustment of losses as authorized in Section 27-10-35; (4) Transactions for which a certificate of authority to do business is not required of an insurer under the laws of this state; (5) Reinsurance effectuated in accordance with this title; or (6) The property and operations of the shipbuilding and/or ship repair industry engaged in interstate or foreign commerce and vessels, cargoes, watercraft, piers, wharves, graven docks, dry docks, marine railways and building ways, commonly known as wet marine. (c) This section shall not be deemed to render invalid, as between the parties thereto, any insurance contract entered into in violation of this section. (Acts 1963, No. 521, p. 1112, §4; Acts 1971, No. 407, p. 707, §191.)
AL Code § 27-10-2 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 1 - General Provisions.|Section 27-10-2 - Liability of Persons Violating Section 27-10-1; Liability of Adjusters.

Section 27-10-2Liability of persons violating Section 27-10-1; liability of adjusters. (a) Any person who in this state willfully represents or aids an unauthorized insurer in violation of Section 27-10-1 shall, in addition to any other applicable penalty, be liable for the full amount of any loss sustained by the insured under any such contract and for the amount of any premium taxes which may be payable under Section 27-10-35 by reason of such contract. (b) Any adjuster who, directly or indirectly, enters into an investigation or adjustment of any loss arising under a contract of insurance or annuity issued by an unauthorized insurer and covering at time of issuance a subject of insurance resident, located or to be performed in this state shall be liable for the full amount of any loss suffered by the insured under such contract. The commissioner may, after hearing, revoke the license of such an adjuster. This subsection does not apply as to surplus lines contracts lawfully written under this chapter, or exempted under Section 27-10-34, or to insurance contracts procured by the insured on his own behalf and on which the tax is paid as required by Section 27-10-35 or to transactions as to which the insurer is not required to have a certificate of authority. (Acts 1963, No. 521, p. 1112, §5; Acts 1971, No. 407, p. 707, §192.)
AL Code § 27-10-3 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 1 - General Provisions.|Section 27-10-3 - Actions by Unauthorized Insurers Not Allowed; Exceptions.

Section 27-10-3Actions by unauthorized insurers not allowed; exceptions. (a) No unauthorized insurer shall institute or file, or cause to be instituted or filed, any action or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state until such insurer has obtained a certificate of authority to transact such insurance in this state. (b) This section does not apply as to: (1) Transactions for which a certificate of authority is not required; (2) Surplus line coverages written under this chapter; or (3) Coverages exempted from the surplus line law under Section 27-10-34. (Acts 1963, No. 521, p. 1112, §6; Acts 1971, No. 407, p. 707, §193.)
AL Code § 27-10-20 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-20 - Procuring of Surplus Lines From Unauthorized Insurers.

Section 27-10-20Procuring of surplus lines from unauthorized insurers. If certain insurance coverages cannot be procured on terms acceptable to the insureds from authorized insurers, such coverages, designated "surplus lines," may be procured from unauthorized insurers subject to the terms and conditions of either subdivisions (1) or (2) of this section: (1)a. The insurance must be procured through a licensed surplus line broker; b. The full amount of insurance required must not be procurable, after diligent effort has been made to do so, from among the insurers authorized to transact and actually transacting that kind and class of insurance in this state or has been procured to the full extent such insurers are willing to insure; c. The insurance must not be procured for the purpose of securing advantages as to a lower premium rate than would be accepted by an authorized insurer; and d. This section, and this surplus line law, does not apply as to life insurance or disability insurance. (2) The contracts of insurance are issued to an industrial insured, defined as an insured: a. Which procures the insurance of any risk by use of services of a full-time employee acting as an insurance manager or buyer or the services of a regularly and continuously retained, qualified insurance consultant; b. Whose aggregate annual premiums for insurance on all risks other than workmen's compensation and group insurance total at least $25,000.00; and c. Which has at least 25 employees. (Acts 1963, No. 521, p. 1112, §7; Acts 1971, No. 407, p. 707, §195.)
AL Code § 27-10-21 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-21 - Report of Surplus Line Broker.

Section 27-10-21Report of surplus line broker. Within 30 days after the effective date of any such insurance, the surplus line broker shall file a written report with the commissioner setting forth facts from which it can be determined whether under Section 27-10-20 the coverage has been lawfully placed as a surplus line. If so required by the commissioner, the report shall be in the form of the broker's affidavit. If so required by the commissioner, the report shall be accompanied by a written statement signed by the insured to the effect that the coverage was placed in an unauthorized insurer with the insured's knowledge and consent. (Acts 1963, No. 521, p. 1112, §8; Acts 1971, No. 407, p. 707, §196.)
AL Code § 27-10-22 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-22 - Endorsement of Surplus Line Contract.

Section 27-10-22Endorsement of surplus line contract. Every insurance contract procured and delivered as a surplus line coverage pursuant to this article shall be initialed by, or bear the name and license number of, the surplus line broker who procured it and shall have stamped upon it the following: "This contract is registered and delivered as a surplus line coverage under the Alabama Surplus Line Insurance Law." (Acts 1963, No. 521, p. 1112, §9; Acts 1971, No. 407, p. 707, §197.)
AL Code § 27-10-23 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-23 - Validity and Enforceability of Surplus Line Contracts.

Section 27-10-23Validity and enforceability of surplus line contracts. Insurance contracts procured as "surplus line" coverages from unauthorized insurers in accordance with this article shall be fully valid and enforceable as to all parties and shall be given acceptance and recognition in all matters and respects to the same effect and extent as like contracts issued by authorized insurers. (Acts 1963, No. 521, p. 1112, §10; Acts 1971, No. 407, p. 707, §198.)
AL Code § 27-10-25 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-25 - Acceptance and Placement of Surplus Line Business From Agents or Brokers.

Section 27-10-25Acceptance and placement of surplus line business from agents or brokers. A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind and class of insurance involved and may compensate the producer therefor. No producer shall knowingly misrepresent to the broker any material fact involved in any insurance or in the eligibility thereof for placement with an unauthorized insurer. (Acts 1963, No. 521, p. 1112, §12; Acts 1971, No. 407, p. 707, §200; Act 2001-702, p. 1509, §15.)
AL Code § 27-10-27 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-27 - Evidence of Surplus Line Insurance; Changes; Issuance of False Certificate and Failure to Notify Insured of Material Change.

Section 27-10-27Evidence of surplus line insurance; changes; issuance of false certificate and failure to notify insured of material change. (a) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance, consisting either of the policy as issued by the insurer or, if such policy is not then available, the surplus line broker's certificate. Such a certificate shall be executed by the broker and shall show the description and location of the subject of the insurance, coverage, conditions and term of the insurance, the premium and rate charged and taxes collected from the insured and the name and address of the insured and insurer. If the direct risk is assumed by more than one insurer, the certificate shall state the name and address and proportion of the entire direct risk assumed by each such insurer. (b) No broker shall issue any such certificate or any cover note or purport to insure or represent that insurance will be, or has been, granted by any unauthorized insurer unless he has prior written authority from the insurer for the insurance, or has received information from the insurer in the regular course of business that such insurance has been granted or an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured. (c) If after the issuance and delivery of any such certificate there is any change as to the identity of the insurers, or the proportion of the direct risk assumed by an insurer as stated in the broker's original certificate or in any other material respect as to the insurance coverage evidenced by the certificate, the broker shall promptly issue and deliver to the insured a substitute certificate accurately showing the current status of the coverage and the insurers responsible thereunder. (d) If a policy issued by the insurer is not available upon placement of the insurance and the broker has issued and delivered his certificate as provided in this section, upon request therefor by the insured, the broker shall, as soon as reasonably possible, procure from the insurer its policy evidencing such insurance and deliver such policy to the insured in replacement of the broker's certificate theretofore issued. (e) Any surplus line broker who knowingly or negligently issues a false certificate of insurance or who fails promptly to notify the insured of any material change with respect to such insurance by delivery to the insured of a substitute certificate as provided in subsection (c) of this section shall, upon conviction, be subject to the penalties provided by Section 27-1-12 or to any greater applicable penalty otherwise provided by law. (Acts 1963, No. 521, p. 1112, §14; Acts 1971, No. 407, p. 707, §202.)
AL Code § 27-10-28 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-28 - Liability of Insurer as to Losses and Unearned Premiums.

Section 27-10-28Liability of insurer as to losses and unearned premiums. (a) As to a surplus line risk which has been assumed by an unauthorized insurer pursuant to this surplus line insurance law and if the premium thereon has been received by the surplus line broker who placed such insurance, in all questions thereafter arising under the coverage as between the insurer and the insured, the insurer shall be deemed to have received the premium due to it for such coverage and the insurer shall be liable to the insured as to losses covered by such insurance and for unearned premiums which may become payable to the insured upon cancellation of such insurance, whether or not in fact the broker is indebted to the insurer with respect to such insurance or for any other cause. (b) Each unauthorized insurer assuming a surplus line direct risk under this surplus line insurance law shall be deemed thereby to have subjected itself to the terms of this section. (Acts 1963, No. 521, p. 1112, §15; Acts 1971, No. 407, p. 707, §203.)
AL Code § 27-10-29 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-29 - Records of Surplus Line Brokers.

Section 27-10-29Records of surplus line brokers. (a) Each surplus line broker shall keep in his office in this state a full and true record of each surplus line contract procured by him, including a copy of the policy, certificate, cover note or other confirmation of insurance and of the daily report, if any, and showing such of the following items as may be applicable: (1) Amount of the insurance and risks insured against; (2) Gross premium charged; (3) Return premium paid, if any; (4) Rate of premium charged upon the several items of property; (5) Effective date of the contract and the terms thereof; (6) Name and address of the insurer; (7) Name and address of the insured; (8) Brief general description of property insured and where located; (9) Amount of tax and other sums collected from the insured; and (10) Other information as may be required by the commissioner. (b) The record shall at all times be open to examination by the commissioner and shall be kept available and open to the commissioner for five years next following the issuance of the contract. (Acts 1971, No. 407, p. 707, §204.)
AL Code § 27-10-30 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-30 - Annual Statement of Surplus Line Broker.

Section 27-10-30Annual statement of surplus line broker. (a) Each surplus line broker shall, on or before the first day of March of each year, file with the commissioner a verified statement of all surplus line insurance transacted by him during the preceding calendar year. (b) The statement shall be on forms as prescribed and furnished by the commissioner and shall show: (1) Gross amount of each kind of insurance transacted; (2) Aggregate gross premiums charged, exclusive of sums collected to cover state or federal taxes; (3) Aggregate of returned premiums and taxes paid to insureds; (4) Aggregate of net premiums; and (5) Additional information as required by the commissioner. (Acts 1963, No. 521, p. 1112, §17; Acts 1971, No. 407, p. 707, §205.)
AL Code § 27-10-31 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-31 - Annual Tax of Surplus Line Brokers.

Section 27-10-31Annual tax of surplus line brokers. (a) On or before the first day of March each year, the surplus line broker shall remit to the State Treasurer through the commissioner, as a tax imposed for the privilege of transacting business as a surplus line broker in this state, a tax of six percent on the direct premiums, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted by the broker during the preceding calendar year as shown by the annual statement filed with the commissioner. (b) The tax under the provisions of this section shall be subject to deduction of the full amount of all expenses of examination of the surplus line broker by the commissioner in the same manner as that allowed for domestic insurers for examination expenses under the provisions of subdivision (5) of subsection (c) of Section 27-4A-3. All taxes collected under this section shall be deposited in the State Treasury to the credit of the State General Fund. (c) This section shall not be effective if the Surplus Lines Insurance Multi-State Compliance Compact is not enacted into law by two compacting states. (Acts 1963, No. 521, p. 1112, §18; Acts 1971, No. 407, p. 707, §206; Acts 1980, No. 80-774, p. 1608, §2; Acts 1993, No. 93-679, p. 1291, §7; Act 2011-537, p. 949, §§4, 5.)
AL Code § 27-10-32 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-32 - Revocation or Suspension of Surplus Line Broker's License.

Section 27-10-32Revocation or suspension of surplus line broker's license. (a) The commissioner may revoke or suspend any surplus line broker's license for any one or more of the following: (1) If the broker fails to file an annual statement or to remit the tax as required by law. (2) If the broker fails to keep the records or to allow the commissioner to examine the broker's records as required by law. (3) For any of the causes for which a producer's license may be revoked. (b) The commissioner may suspend or revoke the broker's license if the commissioner finds that the broker has, willfully or without exercise of due care, placed any insurance coverage with an unauthorized insurer in violation of any of the requirements or conditions of Section 27-10-20. (c) The procedures and rights provided by Section 27-7-19 as for the suspension or revocation of producers' licenses shall be applicable to suspension or revocation of a surplus line broker's license. (d) No broker whose license has been so revoked shall again be so licensed within one year thereafter nor until any fines or delinquent taxes owing by the broker have been paid. (Acts 1963, No. 521, p. 1112, §19; Acts 1971, No. 407, p. 707, §207; Act 2001-702, p. 1509, §15.)