Section 27-40-1 Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: (1) INSURANCE PREMIUM FINANCE COMPANY. A person engaged in the business of entering into premium finance agreements. (2) PREMIUM FINANCE AGREEMENT. An agreement by which an insured or prospective insured promises to pay to a premium […]
Section 27-40-10 Delinquency and cancellation charges. A premium finance agreement may provide for the payment by the insured of the delinquency charge of $1.50 to a maximum of five percent of the delinquent installment which is in default for a period of five days or more. If the default results in the cancellation of any […]
Section 27-40-11 Procedure for cancellation of insurance contract upon default. (a) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance contract or contracts listed in the agreement, the insurance contract or contracts shall not be cancelled by the premium finance company unless such cancellation is […]
Section 27-40-12 Return of gross unearned premiums upon cancellation of contract. (a) Whenever a financed insurance contract is cancelled, the insurer shall return whatever gross unearned premiums are due under the insurance contract to the premium finance company, either directly or via the agent or surplus lines broker placing the insurance, for the account of […]
Section 27-40-13 Filing of agreement. No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledges, encumbrances, successors, or assigns. (Acts 1975, No. 1042, p. 2088, §13.)
Section 27-40-14 Exclusive jurisdiction of Department of Insurance. When a premium finance company has complied with the licensing provisions of this chapter, it shall not be subject to any other licensing or regulatory agency of the State of Alabama other than the Department of Insurance. (Acts 1975, No. 1042, p. 2088, §14.)
Section 27-40-15 Premium financed to be sent to insurance company, agent, or surplus lines broker; issuance of drafts, etc.; duties with respect to cancellation. (a) The amount of premium financed, more specifically referred to as “the principal balance” in paragraph c. of subdivision (3) of subsection (a) of Section 27-40-8, shall be sent to the […]
Section 27-40-16 Payment of rebates or inducements prohibited; purchase of premium finance agreement. No premium finance company and no employee of such a company shall pay, allow, or offer to pay or allow in any manner whatsoever to the insurance agent, insurance broker, or managing general agent, or any employee of any of the aforesaid, […]
Section 27-40-17 Notification of existence of premium finance agreement. Any premium finance company which enters into a premium finance agreement under this chapter shall notify the insurer whose premiums are being financed of the existence of the agreement within a reasonable period of time, not to exceed 30 days after the date the agreement is […]
Section 27-40-18 Delivery of copy of premium finance agreement to insured. Prior to the due date of the first installment payable under a premium finance agreement, the premium finance company holding the agreement shall deliver to the insured, or mail to him or her at his or her address as shown in the agreement, a […]
Section 27-40-2 Exemptions from chapter. The provisions of this chapter shall not apply with respect to any of the following: (1) Any insurance company licensed to do business in this state. (2) Any banking or other financial institution regulated by the state, or savings and loan association, or credit union authorized to do business in […]
Section 27-40-3 Licenses – Required; fees; information to be furnished commissioner. (a) No person shall engage in the business of financing insurance premiums in this state without first having obtained a license as a premium finance company from the commissioner. Any person who shall engage in the business of financing insurance premiums in this state […]
Section 27-40-4 Licenses – Investigation and qualifications of applicant; issuance. (a) Upon the filing of an application and the payment of the license fee the commissioner shall make an investigation of each applicant and shall issue a license if the applicant is qualified in accordance with this section. If the commissioner does not so find, […]
Section 27-40-5 Licenses – Suspension or revocation. (a) The commissioner may revoke or suspend the license of any premium finance company when, and if, after complaint and investigation, it appears to the commissioner that: (1) Any license issued to such company was obtained by fraud; (2) There were any misrepresentations in the application for the […]
Section 27-40-6 Books and records. (a) Every licensee shall maintain records of its premium finance transactions and the said records shall be open to examination and investigation by the commissioner. The commissioner may at any time require any licensee to bring such records as he may direct to the commissioner’s office for examination. (b) Every […]
Section 27-40-7 Promulgation and enforcement of rules and regulations. The commissioner shall have authority to make and enforce such reasonable rules and regulations as may be necessary in making effective the provisions of this chapter, but such rules and regulations shall not be contrary to nor inconsistent with the provisions of this chapter. (Acts 1975, […]
Section 27-40-8 Contents and style of premium finance agreement. (a) The contents and style of the premium finance agreement shall be as follows: (1) It shall be dated, signed by the insured or an authorized representative and the printed portion thereof shall be in at least eight-point type. (2) It shall contain the name and […]
Section 27-40-9 Service charges; prepayment of obligation. (a) For the purpose of this section, “consumer insurance premium finance agreement” means an insurance premium finance agreement as defined in Section 27-40-1 wherein the insurance contracts which are the subject of the premium finance agreement are for personal, family, or household purposes or where the premiums for […]
