reglab/housing_qa huggingface dataset:
AL Code § 27-10-33 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-33 - Service of Process in Action or Proceeding Against Insurer.

Section 27-10-33Service of process in action or proceeding against insurer. (a) Any unauthorized insurer issuing a policy or assuming a direct insurance risk under this surplus line law shall be deemed thereby to have appointed the commissioner as its attorney upon whom may be served all lawful process in any action or proceeding against it in this state arising out of such insurance. (b) Service of process upon the commissioner as process agent of the insurer shall be made by the proper officer of Montgomery County by serving copies in triplicate of the process upon the commissioner or upon his assistant, deputy, or other person in charge of his office. Upon receiving such service, the commissioner shall promptly forward a copy thereof by certified mail or registered mail to the person last designated to receive the same, as provided in subsection (c) of this section, return one copy with his admission of service, and retain one copy in the files of the department. (c) Each such policy, or the certificate of insurance issued by the broker, shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process as provided for in subsection (b) of this section. The broker shall, likewise, file the name of such person with the commissioner. As to the same unauthorized insurer and all insurance coverages issued or accepted by it under this surplus line law, no more than one person shall at any one time be the designee to whom copies of process against the insurer, served upon the commissioner, shall be forwarded. (d) Where process is served upon the commissioner as an insurer's process agent, the insurer shall not be required to answer or plead except within 30 days after the date upon which the commissioner mailed a copy of the process served upon him as required by subsection (b) of this section. (e) Process served upon the commissioner, and copy thereof forwarded as in this section provided, shall for all purposes constitute valid and binding service thereof upon the insurer. (Acts 1963, No. 521, p. 1112, §20; Acts 1971, No. 407, p. 707, §208.)
AL Code § 27-10-34 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-34 - Exemptions From Surplus Line Insurance Law.

Section 27-10-34Exemptions from surplus line insurance law. The provisions of this surplus line insurance law controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed agents or brokers of this state: (1) Wet marine and transportation insurance; (2) Insurance on subjects located, resident or to be performed wholly outside of this state or on vehicles or aircraft owned and principally garaged outside this state; (3) Insurance on property or operation of railroads engaged in interstate commerce; (4) Insurance of aircraft owned or operated by manufacturers of aircraft or aircraft operated in scheduled interstate flight, or cargo of such aircraft or against liability, other than workmen's compensation and the employer's liability, arising out of the ownership, maintenance, or use of such aircraft; and (5) The property and operations of the shipbuilding and ship repair industry engaged in interstate or foreign commerce and vessels, cargoes, watercraft, piers, wharves, graving docks, dry docks, marine railways and building ways, commonly known as wet marine. (Acts 1963, No. 521, p. 1112, §21; Acts 1971, No. 407, p. 707, §209.)
AL Code § 27-10-36 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-36 - Production of Policies, etc., for Inspection by Commissioner.

Section 27-10-36Production of policies, etc., for inspection by commissioner. Every person as to whom insurance is placed with an unauthorized insurer, upon the commissioner's order, shall produce for his examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount of gross premiums paid, or agreed to be paid, for the insurance. For each willful refusal to obey such order, such person shall be liable to a fine of not more than $500.00. (Acts 1963, No. 521, p. 1112, §23; Acts 1971, No. 407, p. 707, §211.)
AL Code § 27-10-37 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-37 - Penalty for Violation of Article.

Section 27-10-37Penalty for violation of article. (a) Any person who in this state represents or aids a nonadmitted insurer in willful violation of the provisions of this surplus lines insurance law shall, upon conviction thereof, be guilty of a misdemeanor and be subject to a fine not in excess of $1,000.00 or imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court. (b) In addition to the penalties provided for in subsection (a) of this section, such violator shall be liable, personally, jointly and severally, with any other person, or persons, liable therefor for payment of taxes payable on account of such insurance. (c) In addition to any other penalty provided for in this section or otherwise provided by law, including suspension, revocation, or refusal to renew license, any person, firm, association, or corporation willfully violating any provision of this article shall be liable to a penalty not exceeding $1,000.00 for the first offense and not exceeding $2,000.00 for each succeeding offense. (Acts 1963, No. 521, p. 1112, §25; Acts 1971, No. 407, p. 707, §212.)
AL Code § 27-10-38 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 2 - Surplus Line Insurance.|Section 27-10-38 - Short Title.

Section 27-10-38Short title. This article constitutes, and may be referred to as, "the surplus line insurance law." (Acts 1971, No. 407, p. 707, §194.)
AL Code § 27-10-50 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-50 - Purpose.

Section 27-10-50Purpose. The purpose of this article is to subject certain insurers to the jurisdiction of courts of this state in actions by, or on behalf of, insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the Legislature provides in this article a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this article, what constitutes doing business in this state and also exercises powers and privileges available to the state by virtue of the federal Insurance Regulation Act, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states. (Acts 1951, No. 768, p. 1335, §1; Acts 1971, No. 407, p. 707, §214.)
AL Code § 27-10-51 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-51 - Acts Constituting Appointment of Commissioner as Agent for Service of Process on Foreign or Alien Insurer.

Section 27-10-51Acts constituting appointment of commissioner as agent for service of process on foreign or alien insurer. Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer:  (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein; (2) The solicitation of applications for such contracts; (3) The collection of premiums, membership fees, assessments, or other considerations for such contracts; or (4) Any other transaction of insurance business;   is equivalent to, and shall constitute, an appointment by such insurer of the commissioner and his successor or successors in office to be its true and lawful attorney, upon whom may be served all lawful process in any action or proceeding instituted by, or on behalf of, an insured or beneficiary arising out of any such contract of insurance; and any such act shall be signification of the insurer's agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer. (Acts 1951, No. 768, p. 1335, §2; Acts 1971, No. 407, p. 707, §215.)
AL Code § 27-10-52 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-52 - Service of Process Upon Insurer; Judgment by Default.

Section 27-10-52Service of process upon insurer; judgment by default. (a) Service of process upon an insurer pursuant to Section 27-10-51 shall be made by delivering to, and leaving with, the commissioner, or some person in apparent charge of his office, two copies thereof and the payment to him of such fees as may be prescribed by law. The commissioner shall forthwith mail by registered mail one of the copies of the process to the defendant at its last known principal place of business and shall keep a record of all process so served upon him. Such service of process is sufficient, provided notice of the service and a copy of the process are sent promptly after such service by the commissioner by registered mail to the defendant at its last known principal place of business and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the certificate of the commissioner showing a compliance herewith are filed with the clerk or register of the court in which such action is pending on, or before, the date the defendant is required to appear, or within such further time as the court may allow. (b) Service of process in any such action or proceeding shall in addition to the manner provided in subsection (a) of this section, be valid if served in the manner provided by law upon any person within this state, who, in this state on behalf of such insurer, is: (1) Soliciting insurance; (2) Making, issuing, or delivering any contract of insurance; or (3) Collecting or receiving any premium, membership fee, assessment, or other consideration for insurance; and a copy of such process is sent within 10 days thereafter by registered mail by the clerk or register of the court in which the action or proceeding is pending to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, are filed with the clerk or register of the court in which the action is pending on, or before, the date the defendant is required to appear, or within such further time as the court may allow. (c) No plaintiff or complainant shall be entitled to a judgment by default under this section until the expiration of 30 days from date of the completion of service as provided in this section. (d) Nothing in this section shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner, now or hereafter, permitted by law. (Acts 1951, No. 768, p. 1335, §2; Acts 1971, No. 407, p. 707, §216.)
AL Code § 27-10-53 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-53 - Defense of Action or Proceeding by Insurer.

Section 27-10-53Defense of action or proceeding by insurer. (a) Before an unauthorized insurer shall file, or cause to be filed, any pleading in any action or proceeding instituted against it under Sections 27-10-51 and 27-10-52, such insurer shall: (1) Procure a certificate of authority to transact insurance in this state; or (2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be entered in such action. The court may, in its discretion, make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action or proceeding and that the insurer will pay any final judgment entered therein without requiring an action to be brought on such judgment in the state where such funds or securities are located. (b) The court, in any action or proceeding in which service is made in the manner provided in Section 27-10-52, may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section, and to defend such action. (c) Nothing in subsection (a) of this section is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in Section 27-10-52 on the ground either: (1) That such unauthorized insurer has not done any of the acts enumerated in Section 27-10-51; or (2) That the person on whom service was made pursuant to subsection (b) of Section 27-10-52 was not doing any of the acts therein enumerated. (Acts 1951, No. 768, p. 1335, §3; Acts 1971, No. 407, p. 707, §217.)
AL Code § 27-10-54 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-54 - Transaction of Insurance Business Not Authorized by Article.

Section 27-10-54Transaction of insurance business not authorized by article. Nothing in the Unauthorized Insurers Process Act shall be construed to authorize or permit the transaction of any insurance business in this state by any unauthorized insurer nor relieve any such insurer from any penalty provided by law in the transaction of business in this state. (Acts 1951, No. 768, p. 1335, §5; Acts 1971, No. 407, p. 707, §218.)
AL Code § 27-10-55 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-55 - Exemptions.

Section 27-10-55Exemptions. This Unauthorized Insurers Process Act shall not apply as to surplus line insurance lawfully effectuated under this title nor to any action or proceeding against an unauthorized insurer arising out of: (1) Wet marine and transportation insurance; (2) Insurance on, or with respect to, subjects located, resident or to be performed wholly outside this state or on, or with respect to, vehicles or aircraft owned and principally garaged outside this state; (3) Insurance on property or operations of railroads engaged in interstate commerce; or (4) Insurance on aircraft or cargo of such aircraft or against liability, other than employer's liability, arising out of the ownership, maintenance, or use of such aircraft where the policy or contract contains a provision designating the commissioner as its attorney for the acceptance of service of lawful process in any action or proceeding instituted by, or on behalf of, an insured or beneficiary arising out of any such policy or contract or where the insurer enters a general appearance in any such action or proceeding. (Acts 1951, No. 768, p. 1335, §6; Acts 1971, No. 407, p. 707, §219.)
AL Code § 27-10-56 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 10 - Unauthorized Insurers and Surplus Lines.|Article 3 - Unauthorized Insurers Process Act.|Section 27-10-56 - Short Title; Construction of Article.

Section 27-10-56Short title; construction of article. (a) This article constitutes and may be cited as the Unauthorized Insurers Process Act. (b) This article shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. (Acts 1951, No. 768, p. 1335, §7; Acts 1971, No. 407, p. 707, §213.)
AL Code § 27-12A-1 (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-1 - Definitions.

Section 27-12A-1Definitions.  As used in this chapter, the following terms shall have the following meanings: (1) COMMISSIONER. The Alabama Commissioner of Insurance or his or her designee. (2) DEPARTMENT. The Alabama Department of Insurance. (3) INSURANCE. As defined in Section 27-1-2, and specifically including any contract, arrangement, or agreement, in which one undertakes to do any one of the following: a. Pay or indemnify another as to loss from certain contingencies called risks. b. Pay or grant a specified amount or determinable benefit to another in connection with ascertainable risk contingencies. c. Pay an annuity to another. d. Act as surety. For the purposes of this chapter, insurance also includes any health benefit plan as defined in Section 27-53-1. (4) INSURANCE PRODUCER or PRODUCER. As defined in Section 27-7-1. (5) INSURER. A person entering into agreements, contracts of insurance, arrangements, or reinsurance, or a health benefit plan, or a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, or any entity offering a service benefit plan, and who agrees to perform any of the acts set forth in subdivision (3), including but not limited to, fraternal benefit societies, mutual aid associations, health maintenance organizations, and health care service plans, regardless of whether the person is acting in violation of laws requiring a certificate of authority or regardless of whether the person denies being an insurer. (6) NAIC. The National Association of Insurance Commissioners or its successor in interest. (7) NICB. The National Insurance Crime Bureau or its successor in interest. (8) PERSON. An individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing. (9) POLICY. An individual or group insurance policy, agreement, group certificate, contract, evidence of insurance, or arrangement of insurance affecting the rights of a resident of this state or bearing a reasonable relation to this state, regardless if delivered or issued for delivery in this state. (10) PRACTITIONER. A person licensed in this state authorized to practice medicine and surgery, psychology, chiropractic, dentistry, optometry, pharmacy, nursing, physical therapy or law, or any other licensee of the state or person required to be licensed in this state. (11) REINSURANCE. A contract, binder of coverage, including placement slip, or arrangement under which an insurer procures insurance for itself in another insurer as to all or part of an insurance risk of the originating insurer. (12) TRANSACT or TRANSACTION. As defined in Section 27-1-2. (13) UNIT. The Insurance Fraud Unit of the Alabama Department of Insurance. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-1.1 (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-1.1 - Legislative Intent.

Section 27-12A-1.1Legislative intent. The Legislature finds that the business of insurance involves many transactions that have potential for fraud, abuse, and other illegal activities. This chapter is intended to permit full utilization of the expertise of the Department of Insurance to investigate, discover, and prosecute insurance fraud and assist and receive assistance from state, local, and federal law enforcement and regulatory agencies in enforcing laws prohibiting insurance fraud. (Act 2012-429, p. 1170, §1.)
AL Code § 27-12A-3 (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-3 - Insurance Fraud in the First Degree.

Section 27-12A-3Insurance fraud in the first degree. (a) An act prohibited by Section 27-12A-2, in cases where the loss or potential loss exceeds one thousand dollars ($1,000), constitutes insurance fraud in the first degree. (b) Insurance fraud in the first degree is a Class B felony. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-4 (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-4 - Insurance Fraud in the Second Degree.

Section 27-12A-4Insurance fraud in the second degree. (a) An act prohibited by Section 27-12A-2, in cases where the loss or potential loss does not exceed one thousand dollars ($1,000), constitutes insurance fraud in the second degree. (b) Insurance fraud in the second degree is a Class C felony. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-5 (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-5 - Transacting Insurance Without a License.

Section 27-12A-5Transacting insurance without a license. (a) A person commits the crime of transacting insurance without a license if he or she knowingly transacts the business of insurance in violation of laws requiring a license, certificate of authority, or other legal authority for the transaction of the business of insurance. (b) Transacting insurance without a license is a Class A misdemeanor. (Act 2012-429, p. 1170, §2.)
AL Code § 27-12A-6 (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-6 - General.

Section 27-12A-6General. (a) No prosecution may be commenced under this article more than two years after the alleged violation was detected. (b) An individual who has been convicted of insurance fraud in the first degree or insurance fraud in the second degree shall be disqualified from engaging in the business of insurance in this state. (c) A person may not willfully permit another person who has been convicted of insurance fraud in the first degree or insurance fraud in the second degree to transact in the business of insurance in this state. (d) For the purposes of Article 4A of Chapter 18 of Title 15, insurance fraud shall be considered criminal activity. (Act 2012-429, p. 1170, §2.)