Section 27-12A-22 – Immunity From Liability.
Section 27-12A-22 Immunity from liability. (a) Except as otherwise provided in subsection (b), there shall be no civil liability imposed on and no cause of action shall arise against a person for furnishing or receiving information concerning suspected, anticipated, or completed insurance fraud. This shall not abrogate or modify common law or statutory privileges or […]
Section 27-12A-23 – Confidentiality.
Section 27-12A-23 Confidentiality. (a) Documents and evidence provided pursuant to Section 27-12A-21 or obtained by the department in an investigation of suspected or actual insurance fraud shall be privileged and confidential, shall not be a public record, and shall not be subject to discovery or subpoena in a civil or criminal action. (b) Notwithstanding subsection […]
Section 27-12A-24 – Other Law Enforcement or Regulatory Authority.
Section 27-12A-24 Other law enforcement or regulatory authority. This chapter shall not be construed to do any of the following: (1) Preempt the authority or relieve other law enforcement or regulatory agencies of the duty to investigate, examine, and prosecute suspected violations of law. (2) Prevent or prohibit a person from voluntarily disclosing information concerning […]
Section 27-12A-40 – Creation of Insurance Fraud Unit.
Section 27-12A-40 Creation of Insurance Fraud Unit. (a) There is hereby established within the department the Insurance Fraud Unit. The commissioner shall appoint the necessary full-time supervisory and investigative personnel of the unit who shall be qualified by training and experience to perform the duties of their positions. The commissioner shall furnish offices, equipment, operating […]
Section 27-12A-41 – Assessments.
Section 27-12A-41 Assessments. (a) The commissioner shall assess each insurer authorized to write insurance in the State of Alabama two hundred dollars ($200) per year in order to fund the operations of the unit. (b) Assessments shall be due not less than 30 days after prior written notice to the insurer and shall accrue interest […]
Section 27-12A-42 – Creation of Insurance Fraud Unit Fund.
Section 27-12A-42 Creation of Insurance Fraud Unit Fund. (a) There is created a fund in the State Treasury designated the Insurance Fraud Unit Fund. The expenses incurred by the department in operating the unit, including expenses incurred by the department for providing administrative personnel, legal counsel, litigation support, expert witness, and costs of investigations, shall […]
Section 27-12A-4 – Insurance Fraud in the Second Degree.
Section 27-12A-4 Insurance 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.)
Section 27-12A-5 – Transacting Insurance Without a License.
Section 27-12A-5 Transacting 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 […]
Section 27-12A-6 – General.
Section 27-12A-6 General. (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 […]
Section 27-12A-7 – Enforcement.
Section 27-12A-7 Enforcement. (a) The enforcement of this chapter shall be vested in the Department of Insurance. It shall be the duty of the department to see that the provisions of this chapter are at all times obeyed and to take such measures and to make such investigations as will prevent or detect the violation […]