reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article III - LIMITS ON DISCLOSURES › Section 482-1-122-.13 - Limits On Sharing Account Number Information For Marketing Purposes

Current through Register Vol. 42, No. 9, June 28, 2024
A. General
				prohibition on disclosure of account numbers. A licensee shall not, directly or
				through an affiliate, disclose, other than to a consumer reporting agency, a
				policy number or similar form of access number or access code for a consumer's
				policy or transaction account to any nonaffiliated third party for use in
				telemarketing, direct mail marketing or other marketing through electronic mail
				to the consumer.
B. Exceptions.
				Subsection A of this section does not apply if a licensee discloses a policy
				number or similar form of access number or access code as follows:
(1) To the licensee's service provider solely
				in order to perform marketing for the licensee's own products or services, as
				long as the service provider is not authorized to directly initiate charges to
				the account.
(2) To a licensee who
				is a producer solely in order to perform marketing for the licensee's own
				products or services.
(3) To a
				participant in an affinity or similar program where the participants in the
				program are identified to the customer when the customer enters into the
				program.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article IV - EXCEPTIONS TO LIMITS ON DISCLOSURES › Section 482-1-122-.14 - Exception To Opt Out Requirements For Disclosure Of Nonpublic Personal Financial Information For Service Providers And Joint Marketing

Current through Register Vol. 42, No. 9, June 28, 2024
A. General rule.
(1) The opt out requirements in Sections 8
				and 11 do not apply when a licensee provides nonpublic personal financial
				information to a nonaffiliated third party to perform services for the licensee
				or functions on the licensee's behalf, if the licensee does both of the
				following:
(a) Provides the initial notice in
				accordance with Section 5.
(b)
				Enters into a contractual agreement with the third party that prohibits the
				third party from disclosing or using the information other than to carry out
				the purposes for which the licensee disclosed the information, including use
				under an exception in Sections 15 or 16 in the ordinary course of business to
				carry out those purposes.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article IV - EXCEPTIONS TO LIMITS ON DISCLOSURES › Section 482-1-122-.15 - Exceptions To Notice And Opt Out Requirements For Disclosure Of Nonpublic Personal Financial Information For Processing And Servicing Transactions

Current through Register Vol. 42, No. 9, June 28, 2024
A. Exceptions for
				processing transactions at consumer's request. The requirements for initial
				notice in Section 5A(2), the opt out in Sections 8 and 11, and service
				providers and joint marketing in Section 14 do not apply if the licensee
				discloses nonpublic personal financial information as necessary to effect,
				administer or enforce a transaction that a consumer requests or authorizes, or
				in connection with any of the following:
(1)
				Servicing or processing an insurance product or service that a consumer
				requests or authorizes.
(2)
				Maintaining or servicing the consumer's account with a licensee, or with
				another entity as part of a private label credit card program or other
				extension of credit on behalf of such entity.
(3) A proposed or actual securitization,
				secondary market sale (including sales of servicing rights) or similar
				transaction related to a transaction of the consumer.
(4) Reinsurance or stop loss or excess loss
				insurance.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article V - ADDITIONAL PROVISIONS › Section 482-1-122-.17 - Protection Of Fair Credit Reporting Act

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in this regulation shall be construed to modify,
				  limit or supersede the operation of the federal Fair Credit Reporting Act
				  (15 U.S.C. §§
										1681,
et
seq
.), and no inference shall be drawn on the basis of
				  the provisions of this regulation regarding whether information is transaction
				  or experience information under Section 603 of that Act.
Author
: Reyn Norman, Associate Counsel
Statutory Authority
:
Code of Ala.
				  1975
, §
									27-2-17; §20, Act 2001-702;
				  15 U.S.C. §§
										6801 -
				  6827.
History
:
New Rule:
June 20, 2001;
				  effective July 1, 2001
Amended:
September 12, 2001; effective
				  October 1, 2001. Filed with LRS September 14, 2001. Rule is not subject to the
				  Alabama Administrative Procedure Act.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article V - ADDITIONAL PROVISIONS › Section 482-1-122-.18 - Nondiscrimination

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee shall not unfairly discriminate against any
				  consumer or customer because that consumer or customer has opted out from the
				  disclosure of his or her nonpublic personal financial information pursuant to
				  the provisions of this regulation.
Author
: Reyn Norman, Associate Counsel
Statutory Authority
:
Code of Ala.
				  1975
, §
									27-2-17; §20, Act 2001-702;
				  15 U.S.C. §§
										6801 -
				  6827.
History
:
New Rule:
June 20, 2001;
				  effective July 1, 2001.
Amended:
September 12, 2001; effective
				  October 1, 2001. Filed with LRS September 14, 2001. Rule is not subject to the
				  Alabama Administrative Procedure Act.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article V - ADDITIONAL PROVISIONS › Section 482-1-122-.19 - Violation

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee violating this regulation may be subject to the
				  suspension or revocation of his, her or its license or certificate of authority
				  in accordance with Subsection (e) of Section
				  27-2-17,
Code of Ala.
				  1975
.
Author
: Reyn Norman, Associate Counsel
Statutory Authority
:
Code of Ala.
				  1975
, §
									27-2-17; §20, Act 2001-702;
				  15 U.S.C. §§
										6801 -
				  6827.
History
:
New Rule:
June 20, 2001;
				  effective July 1, 2001.
Amended:
September 12, 2001; effective
				  October 1, 2001. Filed with LRS September 14, 2001. Rule is not subject to the
				  Alabama Administrative Procedure Act.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article V - ADDITIONAL PROVISIONS › Section 482-1-122-.20 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any section or portion of a section of this regulation or
				  its applicability to any person or circumstance is held invalid by a court, the
				  remainder of the regulation or the applicability of the provision to other
				  persons or circumstances shall not be affected.
Author
: Reyn Norman, Associate Counsel
Statutory Authority
:
Code of Ala.
				  1975
, §
									27-2-17; §20, Act 2001-702;
				  15 U.S.C. §§
										6801 -
				  6827.
History
:
New Rule:
June 20, 2001;
				  effective July 1, 2001.
Amended:
September 12, 2001; effective
				  October 1, 2001. Filed with LRS September 14, 2001. Rule is not subject to the
				  Alabama Administrative Procedure Act.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Article V - ADDITIONAL PROVISIONS › Section 482-1-122-.21 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
A. This regulation
				shall be effective October 1, 2001, upon its approval by the Commissioner of
				Insurance and upon its having been on file as a public document in the office
				of the Secretary of State for ten days. In order to provide sufficient time for
				licensees to establish policies and systems to comply with the requirements of
				this regulation, the time for compliance with this regulation is extended until
				December 31, 2001.
B.
(1) Notice requirement for consumers who are
				the licensee's customers on the compliance date. By December 31, 2001, a
				licensee shall provide an initial notice, as required by Section 5, to
				consumers who are the licensee's customers on December 31, 2001.
(2) Example. A licensee provides an initial
				notice to consumers who are its customers on December 31, 2001, if, by that
				date, the licensee has established a system for providing an initial notice to
				all new customers and has mailed the initial notice to all the licensee's
				existing customers.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.01 - Authority And Short Title

Current through Register Vol. 42, No. 9, June 28, 2024
This regulation is adopted pursuant to Sections
				27-2-17,
				27-13-4,
				27-13-30,
				27-13-68, and
				27-14-8,
Code of Ala.
				1975
. This regulation shall be known and may be cited as the Rates
				and Forms Filing Requirements Regulation.
Author:
Elizabeth Bookwalter, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-4,
				  27-13-30,
				  27-13-68,
				  27-14-8.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this regulation is to set forth the requirements
				to be followed by insurers and rating organizations in the filing of rates and
				policy forms for property and casualty insurance, with the desired result of
				improving the speed to market of policy forms and rates filings.
Author:
Elizabeth Bookwalter, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-4,
				  27-13-30,
				  27-13-68,
				  27-14-8.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions shall apply for purposes of this
				regulation:
(1) Commercial Lines.
			 Commercial lines are all lines except personal lines.
(2) Forms. Those forms required to be filed
			 for approval pursuant to Section
			 27-14-8,
Code of Ala.
			 1975
.
(3) File and Use
			 System. A system whereby rates, rating manuals, supporting actuarial
			 information and policy forms must be filed with the regulator on or before the
			 date of use by the insurer. The regulator is generally expected to review
			 individual filings for compliance, but it is contemplated that the regulator
			 will use discretion in determining the nature and extent of this review based
			 on competitive market conditions. Under this system, if a regulator requests
			 that the insurer modify the filing, there is a presumption that the regulator
			 will impose corrective action on a prospective basis. However, this presumption
			 can be overcome when the regulator determines that corrective action needs to
			 occur retrospectively after considering all of the following:
a. The nature and extent of the harm to
			 consumers.
b. Whether there is a
			 willful violation of law by the insurer.
c. The burden and cost of the retrospective
			 corrective action on the insurer, especially in cases where the costs will be
			 passed on to the consumer.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.04 - Establishment Of Systems For Filing Of Rates And Forms

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Property and Casualty insurance,
			 commercial lines.
(1) Generally. All rates and
			 forms filings for the commercial lines of property and casualty insurance
			 (other than workers compensation, medical malpractice, and any other type
			 coverage involving a rate increase of 10% or more) shall be according to the
			 File and Use System.
(2) All rates
			 and forms filings for workers compensation coverage and medical malpractice
			 shall be according to the Prior Approval System.
(3) All rate filings seeking an overall rate
			 increase of 10% or more shall be according to the Prior Approval
			 System.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.05 - Separability

Current through Register Vol. 42, No. 9, June 28, 2024
If any provision of this regulation or the application thereof
				to any person or circumstance is for any reason held to be invalid, the
				remainder of the regulation and the application of its provisions to other
				persons or circumstances shall not be affected thereby.
Author:
Elizabeth Bookwalter, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-4,
				  27-13-30,
				  27-13-68,
				  27-14-8.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.06 - Repealer

Current through Register Vol. 42, No. 9, June 28, 2024
All rules and regulations heretofore issued which are
				inconsistent with this regulation and the Bulletin dated March 30, 2001, are
				hereby superceded and repealed.
Author:
Elizabeth Bookwalter, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-4,
				  27-13-30,
				  27-13-68,
				  27-14-8.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-123 - RATES AND FORMS FILING REQUIREMENTS FOR PROPERTY AND CASUALTY INSURANCE › Section 482-1-123-.07 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This regulation shall be effective upon its approval by the
				Commissioner of Insurance, and upon its having been on file as a public
				document in the office of the Secretary of State for ten days.
Author:
Elizabeth Bookwalter, Associate
				Counsel
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-13-4,
				  27-13-30,
				  27-13-68,
				  27-14-8.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-124 - STANDARDS FOR LIFE, ACCIDENT AND HEALTH INSURANCE CLAIMS › Section 482-1-124-.01 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is adopted under the authority of the Trade
				Practices Act, Sections
				27-2-17,
				27-1-17,
				27-1-19,
				27-12-21,
				27-12-24,
				27-15-13,
				27-16-10,
				27-17-11,
				27-19-11 and
				27-19-12,
Code of Ala.
				1975
.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-15-13,
				  27-16-10,
				  27-17-11,
				  27-19-11,
				  27-19-12.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-124 - STANDARDS FOR LIFE, ACCIDENT AND HEALTH INSURANCE CLAIMS › Section 482-1-124-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
			 this chapter is to set forth minimum standards for the investigation and
			 disposition of life, accident and health claims arising under policies or
			 certificates issued pursuant to State law. It is not intended to cover claims
			 involving workers' compensation nor credit insurance. Evidence of violation of
			 this chapter and the provisions contained herein shall be utilized for the
			 purpose of administrative and regulatory proceedings conducted by the
			 Department of Insurance and shall not be utilized for any other purpose or
			 admissible as evidence for any purpose in any civil or criminal court
			 proceeding. This is merely a clarification of original intent and does not
			 indicate any change of position.
(2) An insurer's compliance with the
			 standards established by Section 503 of the Employee Retirement Income Security
			 Act of 1974 (ERISA) and regulations issued thereunder shall constitute
			 compliance with the requirements of this chapter.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-15-13,
				  27-16-10,
				  27-17-11,
				  27-19-11,
				  27-19-12.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-124 - STANDARDS FOR LIFE, ACCIDENT AND HEALTH INSURANCE CLAIMS › Section 482-1-124-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the definitions contained in the Trade Practices
				Act and Section
				27-1-2,
Code of Ala.
				1975
, which are incorporated by reference, the following
				definitions shall apply for purposes of this chapter:
(a) Beneficiary. The party entitled to
			 receive the proceeds or death benefits occurring under the policy in lieu of
			 the insured.
(b) Claim file. Any
			 retrievable electronic file, paper file or combination of both relative to the
			 claim, that may contain:
1. For life insurance
			 and annuities: The file or files containing the notice of claim, claim forms,
			 proofs of loss, medical records, correspondence to and from insureds and
			 claimants or their representatives, claim investigation documentation, claim
			 handling logs, copies of checks or drafts, check numbers and amounts, releases,
			 correspondence, all applicable notices, and correspondence used for determining
			 and concluding claim payments or denials, any written communication, any
			 documented or recorded telephone communication related to the handling of a
			 claim, including the investigation, and any other documentation, maintained in
			 a paper or electronic format, necessary to support claim handling
			 activity.
2. For accident and
			 health insurance: The file or files containing the notice of claim, claim
			 forms, medical records, bills, electronically submitted bills, proofs of loss,
			 correspondence to and from insureds and claimants or their representatives,
			 claim investigation documentation, health facility pre-admission certification
			 or utilization review documentation, claim handling logs, copies of explanation
			 or benefit statements, any written communication, any documented or recorded
			 telephone communication related to the handling of a claim, including the
			 investigation, copies of checks or drafts, or check numbers and amounts,
			 releases, correspondence, all applicable notices, and correspondence used for
			 determining and concluding claim payments or denials, and any other
			 documentation, maintained in a paper or electronic format, necessary to support
			 claim handling activity.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-124 - STANDARDS FOR LIFE, ACCIDENT AND HEALTH INSURANCE CLAIMS › Section 482-1-124-.05 - File And Record Documentation

Current through Register Vol. 42, No. 9, June 28, 2024
Each insurer's claim files for policies or certificates are
				subject to examination by the Commissioner of Insurance or by the
				Commissioner's duly appointed designees. To aid in such examination:
(a) The insurer shall maintain claim files
			 that are accessible and retrievable for examination. An insurer shall be able
			 to provide the claim number, line of coverage, date of loss, date and amount of
			 payment of the claim, date of denial or date closed without payment. The
			 insurer shall be able to provide the same information (except date and amount
			 of payment) for all claims closed without payment. This data must be available
			 for all open and closed files for the current year and the five (5) preceding
			 years in order to permit reconstruction of the insurer's activities relative to
			 each claim.
(b) Each relevant
			 document within the claim file shall reflect as to date received, date
			 processed or date mailed.
(c)
			 Format of Records and Disaster Recovery.
1.
			 Any record required to be maintained by an insurer may be in the form of paper,
			 photograph, magnetic, mechanical or electronic medium, or any process that
			 accurately forms a durable reproduction of the record, so long as the record is
			 capable of duplication to a hard copy that is legible. Documents that are
			 produced and sent to an insured by use of a template and an electronic mail
			 list shall be considered to be sufficiently reproduced if the insurer can
			 provide proof of mailing of the document and a copy of the template. Documents
			 that require the signature of the insured or insurer's producer shall be
			 maintained in any format listed above provided evidence of the signature is
			 preserved in that format.
2. The
			 maintenance of records in a computer-based format shall be archival in nature,
			 so as to preclude the alteration of the record after the initial transfer to a
			 computer format. Upon request of an examiner, the records shall be capable of
			 duplication to a hard copy that is legible. The records shall be maintained
			 according to procedures developed and adhered to by the insurer. The procedures
			 shall be made available to the commissioner during an examination.
3. Photographs, microfilms, or other
			 image-processing reproductions of records shall be equivalent to the originals
			 and may be certified as the same in actions or proceedings before the
			 commissioner.
4. The insurer shall
			 maintain disaster preparedness or disaster recovery procedures that include
			 provisions for the maintenance or reconstruction of original or duplicate
			 records at another location. These procedures shall be provided for review
			 during an examination.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-124 - STANDARDS FOR LIFE, ACCIDENT AND HEALTH INSURANCE CLAIMS › Section 482-1-124-.06 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any paragraph or a portion of a paragraph of this chapter or
				its applicability to any person or circumstance is held invalid by a court, the
				remainder of the regulation or the applicability of the provision to other
				persons or circumstances shall not be affected.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-15-13,
				  27-16-10,
				  27-17-11,
				  27-19-11,
				  27-19-12.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-124 - STANDARDS FOR LIFE, ACCIDENT AND HEALTH INSURANCE CLAIMS › Section 482-1-124-.07 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall be effective upon its approval by the
				Commissioner of Insurance and upon its having been on file as a public document
				in the office of the Secretary of State for ten days.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-15-13,
				  27-16-10,
				  27-17-11,
				  27-19-11,
				  27-19-12.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.01 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is adopted under the authority of the Insurance
				Trade Practices Act and Alabama Code Sections
				27-2-17,
				27-1-17,
				27-1-19,
				27-12-21,
				27-12-24,
				27-14-8,
				27-14-11 and
				27-14-9,
Code of Ala.
				1975
.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to set forth minimum standards
				for the investigation and disposition of property and casualty claims arising
				under contracts or certificates issued to residents of the State. It is not
				intended to cover claims involving workers' compensation, fidelity, suretyship
				or boiler and machinery insurance. Evidence of violation of this chapter and
				the provisions contained herein shall be utilized for the purpose of
				administrative and regulatory proceedings conducted by the Department of
				Insurance and shall not be utilized for any other purpose or admissible as
				evidence for any purpose in any civil or criminal court proceeding. This is
				merely a clarification of original intent and does not indicate any change of
				position.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.04 - File And Record Documentation

Current through Register Vol. 42, No. 9, June 28, 2024
Each insurer's claim files for policies are subject to
				examination by the Commissioner of Insurance or by the Commissioner's duly
				appointed designees. To aid in such examination:
(a) The insurer shall maintain claim files
			 that are accessible and retrievable for examination. An insurer shall be able
			 to provide the claim number, line of coverage, date of loss, and date and
			 amount of payment. They shall also be able to provide the same information
			 (except date and amount of payment) for all claims closed without payment. This
			 data must be available for all open and closed files for the current year and
			 the five (5) preceding years, in order to permit reconstruction of the
			 insurer's activities relative to each claim.
(b) Each relevant document within the claim
			 file shall reflect as to date received, date processed or date
			 mailed.
(c) Format of Records and
			 Disaster Recovery.
1. Any record required to
			 be maintained by an insurer may be in the form of paper, photograph, magnetic,
			 mechanical or electronic medium, or any process that accurately forms a durable
			 reproduction of the record, so long as the record is capable of duplication to
			 a hard copy that is legible. Documents that are produced and sent to an insured
			 by use of a template and an electronic mail list shall be considered to be
			 sufficiently reproduced if the insurer can provide proof of mailing of the
			 document and a copy of the template. Documents that require the signature of
			 the insured or insurer's producer shall be maintained in any format listed
			 above provided evidence of the signature is preserved in that format.
2. The maintenance of records in a
			 computer-based format shall be archival in nature, so as to preclude the
			 alteration of the record after the initial transfer to a computer format. Upon
			 request of an examiner, the records shall be capable of duplication to a hard
			 copy that is legible. The records shall be maintained according to procedures
			 developed and adhered to by the insurer. The procedures shall be made available
			 to the commissioner during an examination.
3. Photographs, microfilms, or other
			 image-processing reproductions of records shall be equivalent to the originals
			 and may be certified as the same in actions or proceedings before the
			 commissioner.
4. The insurer shall
			 maintain disaster preparedness or disaster recovery procedures that include
			 provisions for the maintenance or reconstruction of original or duplicate
			 records at another location. These procedures shall be provided for review
			 during an examination.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.05 - Misrepresentation Of Policy Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 No insurer shall deny a claim based on a first party claimant's failure to
			 exhibit the damaged property without the proof of demand and of an unfounded
			 refusal by the first party claimant to do so and unless the insurer has
			 documented breach of relevant policy provisions in the claims file.
(2) No insurer shall deny a claim based upon
			 the failure of a first party claimant to give proper written notice of loss
			 within a specified time limit unless the denial is based upon a specific policy
			 provision or the first party claimant's failure to give notice constitutes a
			 breach of the first party claimant's policy.
(3) No insurer shall indicate to a first
			 party claimant on a payment draft, check or in any accompanying letter that
			 said payment is "final" or "a release" of any claim unless the policy limit has
			 been paid or there has been a compromise settlement agreed to by the first
			 party claimant and the insurer as to coverage and amount payable under the
			 policy.
(4) No insurer shall issue
			 checks or drafts in partial settlement of a loss or claim under a specific
			 coverage that contains language purporting to release the insurer or its
			 insured from total liability.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.06 - Failure To Acknowledge Pertinent Communications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every insurer, upon receiving
			 notification of a first party claim from a first party claimant shall, within
			 fifteen (15) days, acknowledge the receipt of such notice unless payment is
			 made within that period of time. If an acknowledgement is made by means other
			 than writing, an appropriate notation of the acknowledgement shall be made in
			 the claim file of the insurer and dated. Notification given to a producer of an
			 insurer shall be notification to the insurer. Acknowledgement by a producer of
			 an insurer as required above shall satisfy the requirements of this
			 paragraph.
(2) Every insurer, upon
			 receipt of any inquiry from the insurance department respecting a claim shall,
			 within ten (10) working days of receipt of such inquiry, furnish the department
			 with an adequate response to the inquiry in duplicate. This response should be
			 addressed to the department employee or representative making the request.
			 Furthermore, the insurer shall furnish written notification to the department
			 employee on the final outcome respecting this claim if it is not resolved at
			 the time of the initial response.
(3) A reply shall be made within fifteen (15)
			 days on all other pertinent written communications from a first party claimant
			 which requests a response.
(4)
			 Every insurer, upon receiving notification of a first party claim from a first
			 party claimant, shall within fifteen (15) days mail or otherwise provide
			 necessary claim forms, instructions or reasonable assistance so that first
			 party claimants can comply with the policy conditions and the insurer's
			 reasonable requirements. Compliance with this paragraph shall constitute
			 compliance with Paragraph (1) of this rule.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.08 - Standards For Prompt, Fair And Equitable Settlements Applicable To Automobile Insurance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When the
			 insurance policy provides for the adjustment and settlement of first party
			 automobile total losses on the basis of actual cash value or replacement with
			 another of like kind and quality, one of the following methods shall apply:
(a) The insurer may elect to offer a
			 replacement automobile that is at least comparable in that it will be by the
			 same manufacturer, same or newer year, similar body style, similar options and
			 mileage as the insured vehicle and in as good or better overall condition and
			 available for inspection within a reasonable distance of the insured's
			 residence, unless the insured agrees to a vehicle of a different manufacturer,
			 year, body style, options and/or mileage. The insurer shall pay all applicable
			 taxes, license fees and other fees incident to transfer of evidence of
			 ownership of the automobile paid, at no cost other than any deductible provided
			 in the policy. The offer and any rejection thereof must be documented in the
			 claim file.
(b) The insurer may
			 elect a cash settlement based upon the actual cost, less any deductible
			 provided in the policy, to purchase a comparable automobile by the same
			 manufacturer, same model year, with similar body style and condition, similar
			 options and mileage, including all applicable taxes, license fees and other
			 fees incident to the transfer of ownership of a comparable automobile. The
			 amount payable on taxes, license fees, and transfer fees shall be limited to
			 the amount that would have been paid on the totaled, insured vehicle at the
			 time of settlement. Such cost may be derived pursuant to the Alabama Department
			 of Revenue Regulations regarding total loss.
(c) When a first party automobile total loss
			 is settled on a basis which deviates from the methods described in
			 Subparagraphs (a) and (b) of Paragraph (1), the deviation must be supported by
			 documentation giving particulars of the automobile condition. Any deductions
			 from such cost, including deduction for salvage, must be measurable,
			 discernible, itemized and specified as to dollar amount. The basis for such
			 settlement shall be fully explained to the first party claimant.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.09 - Standards For Prompt, Fair And Equitable Settlements Applicable To Fire And Extended Coverage Type Policies With Replacement Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When the policy provides for the
			 adjustment and settlement of first party losses based on replacement cost, and
			 a loss requires repair or replacement of an item or part, any consequential
			 physical damage necessarily or reasonably incurred in making such repair or
			 replacement not otherwise excluded by the policy shall be included in the loss.
			 The insured shall not have to pay for betterment nor any other cost except for
			 the applicable deductible, except as provided by the policy.
(2) When the insurance policy provides for
			 the adjustment and settlement of losses on an actual cash value basis on
			 residential fire and extended coverage, the insurer shall determine actual cash
			 value as replacement cost of property at time of loss less depreciation. Upon
			 the insured's request, the insurer shall provide a copy of the claim file
			 worksheets detailing any and all deductions for depreciation.
(3) In cases in which the insured's interest
			 is limited because the property has nominal or no economic value, or a value
			 disproportionate to replacement cost less depreciation, the determination of
			 actual cash value as set forth in Paragraph (2) is not required. In such cases,
			 the insurer shall provide, upon the insured's request, a written explanation of
			 the basis for limiting the amount of recovery along with the amount payable
			 under the policy.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.10 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any paragraph or a portion of a paragraph of this chapter or
				its applicability to any person or circumstances is held invalid by a court,
				the remainder of the regulation or the applicability of the provision to other
				persons or circumstances shall not be affected.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-125 - STANDARDS FOR PROPERTY/CASUALTY INSURANCE CLAIMS › Section 482-1-125-.11 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall become effective upon its approval by the
				Commissioner of Insurance and upon its having been on file as a public document
				in the office of the Secretary of State for ten days.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-1-17,
				  27-1-19,
				  27-12-21,
				  27-12-24,
				  27-14-8,
				  27-14-11,
				  27-14-9.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.01 - Preamble

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This chapter
			 establishes standards for developing and implementing administrative, technical
			 and physical safeguards to protect the security, confidentiality and integrity
			 of customer information, pursuant to Sections 501, 505(b), and 507 of the
			 Gramm-Leach-Bliley Act, codified at
			 15 U.S.C.
			 6801,
			 6805(b)
			 and
			 6807.
(2) Section 501(a) provides that it is the
			 policy of the Congress that each financial institution has an affirmative and
			 continuing obligation to respect the privacy of its customers and to protect
			 the security and confidentiality of those customers' nonpublic personal
			 information. Section 501(b) requires the state insurance regulatory authorities
			 to establish appropriate standards relating to administrative, technical and
			 physical safeguards:
(1) to ensure the
			 security and confidentiality of customer records and information;
(2) to protect against any anticipated
			 threats or hazards to the security or integrity of such records; and
(3) to protect against unauthorized access to
			 or use of records or information that could result in substantial harm or
			 inconvenience to a customer.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.02 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is adopted pursuant to Sections
				27-2-17 and
				27-7-44,
Code of Ala.
				1975
, and Title V of the Gramm-Leach-Bliley Act (15 U.S.C. §§
									6801 -
				6827) (hereinafter "GLBA").
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of this chapter, the following definitions
				apply:
(a) Customer. A customer of the
			 licensee as the term customer is defined in Rule
			 482-1-122-.04.
(b) Customer information. Nonpublic personal
			 information as defined in Paragraph S. of Rule
			 482-1-122-.04 about a customer,
			 whether in paper, electronic or other form, that is maintained by or on behalf
			 of the licensee.
(c) Customer
			 information systems. The electronic or physical methods used to access,
			 collect, store, use, transmit, protect or dispose of customer
			 information.
(d) Licensee. A
			 licensee as that term is defined in Paragraph Q. of Rule
			 482-1-122-.04, except that
			 "licensee" shall not include: a purchasing group; or an unauthorized insurer in
			 regard to surplus line business conducted pursuant to Chapter 10 of Title 27,
Code of Ala. 1975
. This chapter does not apply persons
			 operating pursuant to Chapter 32 of Title 8 (Service Contracts).
(e) Service provider. A person that
			 maintains, processes or otherwise is permitted access to customer information
			 through its provision of services directly to the licensee.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.04 - Information Security Program

Current through Register Vol. 42, No. 9, June 28, 2024
Each licensee shall implement a comprehensive written
				information security program that includes administrative, technical and
				physical safeguards for the protection of customer information. The
				administrative, technical and physical safeguards included in the information
				security program shall be appropriate to the size and complexity of the
				licensee and the nature and scope of its activities.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.05 - Objectives Of Information Security Program

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee's information security program shall be designed to
				do all of the following:
(a) Ensure
			 the security and confidentiality of customer information.
(b) Protect against any anticipated threats
			 or hazards to the security or integrity of the information.
(c) Protect against unauthorized access to or
			 use of the information that could result in substantial harm or inconvenience
			 to any customer.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.06 - Examples Of Methods Of Development And Implementation

Current through Register Vol. 42, No. 9, June 28, 2024
The actions and procedures described in Rules
				482-1-126-.07 through
				482-1-126-.10, inclusive, are
				examples of methods of implementation of the requirements of Rules
				482-1-126-.04 and
				482-1-126-.05. These examples are
				non-exclusive illustrations of actions and procedures that licensees may follow
				to implement Rules
				482-1-126-.04 and
				482-1-126-.05.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.07 - Assess Risk

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee:
(a)
			 Identifies reasonably foreseeable internal or external threats that could
			 result in unauthorized disclosure, misuse, alteration or destruction of
			 customer information or customer information systems.
(b) Assesses the likelihood and potential
			 damage of these threats, taking into consideration the sensitivity of customer
			 information.
(c) Assesses the
			 sufficiency of policies, procedures, customer information systems and other
			 safeguards in place to control risks.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.08 - Manage And Control Risk

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee:
(a)
			 Designs its information security program to control the identified risks,
			 commensurate with the sensitivity of the information, as well as the complexity
			 and scope of the licensee's activities.
(b) Trains staff, as appropriate, to
			 implement the licensee's information security program.
(c) Regularly tests or otherwise regularly
			 monitors the key controls, systems and procedures of the information security
			 program. The frequency and nature of these tests or other monitoring practices
			 are determined by the licensee's risk assessment.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.09 - Oversee Service Provider Arrangements

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee:
(a)
			 Exercises appropriate due diligence in selecting its service
			 providers.
(b) Requires its service
			 providers to implement appropriate measures designed to meet the objectives of
			 this regulation, and, where indicated by the licensee's risk assessment, takes
			 appropriate steps to confirm that its service providers have satisfied these
			 obligations.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-126 - STANDARDS FOR SAFEGUARDING CUSTOMER INFORMATION › Section 482-1-126-.10 - Adjust The Program

Current through Register Vol. 42, No. 9, June 28, 2024
The licensee monitors, evaluates and adjusts, as appropriate,
				the information security program in light of any relevant changes in
				technology, the sensitivity of its customer information, internal or external
				threats to information, and the licensee's own changing business arrangements,
				such as mergers and acquisitions, alliances and joint ventures, outsourcing
				arrangements and changes to customer information systems.
Author:
Commissioner of
				Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-44;
				  15 U.S.C.
				  §§6801 -
				  6827.