For the purposes of this title, the following terms shall have the meanings respectively ascribed to them by this section.
(1) INSURANCE. A contract whereby one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable contingencies.
(2) INSURER. Every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance.
(3) PERSON. An individual, insurer, company, association, organization, Lloyd’s insurer, society, reciprocal insurer or interinsurance exchange, partnership, syndicate, business trust, corporation, and every legal entity.
(4) COMMISSIONER. The Commissioner of Insurance of this state.
(5) DEPARTMENT. The Department of Insurance of this state.
(6) DOMESTIC INSURER. One formed under the laws of this state.
(7) FOREIGN INSURER. One formed under the laws of any jurisdiction other than this state. Except where distinguished by context, “foreign” insurers includes also “alien” insurers.
(8) ALIEN INSURER. One formed under the laws of any country other than the United States of America, its states, district, territories, and commonwealths.
(9) STATE. Such term, when used in context signifying a jurisdiction other than the State of Alabama, means any state, district, territory, commonwealth, or possession of the United States of America.
(10) AUTHORIZED INSURER; UNAUTHORIZED INSURER. An “authorized” insurer is one duly authorized, by a subsisting certificate of authority issued by the commissioner, to transact insurance in this state. An “unauthorized” insurer is one not so authorized.
(11) TRANSACT. Such term, with respect to insurance, includes any of the following:
a. Solicitation and inducement;
b. Preliminary negotiations;
c. Effectuation of a contract of insurance; or
d. Transaction of matters subsequent to effectuation of a contract of insurance and arising out of it.
(Acts 1971, No. 407, p. 707, §§2-9.)
Notes of Decisions
HealthAmerica v. Menton, 551 So. 2d 235 (Ala. 1989).
· cites it 3× “" Section 27-1-2(2) defines "insurer" for the purposes of Title 27 as follows: "Every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance.”
Warehouse Home Furnishing Distributors, Inc. v. Whitson, 709 So. 2d 1144 (Ala. 1997).
· cites it 2× “HOUSTON, Justice (concurring in part and dissenting in part). The mere fact that the lien insurance Farmers bought from an insurance company had a 93% stop-loss feature did not make the lien insurance any less insurance.”
Raley v. Main, 987 So. 2d 569 (Ala. 2007).
· cites it 2× “See Ala. Code 1975, § 27-1-2 (insurance is `[a] contract whereby one undertakes to indemnify another or pay or provide a specified amount or benefit upon determinable contingencies').”
Leonard v. Enter. Rent a Car Co., 38 F. Supp. 2d 982 (M.D. Ala. 1999).
“Code § 27-1-2 et. seq. After hearing oral argument by the parties, the court requested additional briefs on the issue of whether a private right of action for violation of the Alabama Insurance Code exists against the defendants.”
Coates v. MS Dealer Serv. Corp., 747 So. 2d 341 (Ala. Civ. App. 1999).
· cites it 2× “We conclude that the dispositive issue is whether the service contract is a contract for “insurance” as that word is defined in Ala.Code 1975, § 27-1-2(1), and used in Title 27 (“Insurance”).”
Burlington Ins. v. Fluid Servs., Inc., 13 So. 3d 965 (Ala. Civ. App. 2008).
· cites it 6× “” Ala.Code 1975, § 27-1-2(10). Section 27-10-3(a) provides that an unauthorized insurer may not institute an action “in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state .”
Alabama Mun. Ins. Corp. v. Munich Reinsurance Am., Inc. (M.D. Ala. 2021).
“Code § 27-1-2 (1). And the Alabama Supreme Court has 10 characterized insurance as “a contract by which one party, for a compensation called the premium, assumes particular risks of the other party and promises to pay to him or his nominee a certain or ascertainable sum of money…”
Alabama Mun. Ins. Corp. v. Munich Reinsurance Am., Inc. (M.D. Ala. 2024).
“Code § 27-1-2 (1). And the Alabama Supreme Court has 10 characterized insurance as “a contract by which one party, for a compensation called the premium, assumes particular risks of the other party and promises to pay to him or his nominee a certain or ascertainable sum of money…”
Alabama Mun. Ins. Corp. v. Munich Reinsurance Am., Inc. (M.D. Ala. 2024).
“Code § 27-1-2 (1). And the Alabama Supreme Court has 10 characterized insurance as “a contract by which one party, for a compensation called the premium, assumes particular risks of the other party and promises to pay to him or his nominee a certain or ascertainable sum of money…”
— Ala. Code § 27-1-2(1) — 2 cases
Coates v. MS Dealer Serv. Corp., 747 So. 2d 341 (Ala. Civ. App. 1999).
“We conclude that the dispositive issue is whether the service contract is a contract for “insurance” as that word is defined in Ala.Code 1975, § 27-1-2(1), and used in Title 27 (“Insurance”).”
— Ala. Code § 27-1-2(10) — 1 case
Burlington Ins. v. Fluid Servs., Inc., 13 So. 3d 965 (Ala. Civ. App. 2008).
“” Ala.Code 1975, § 27-1-2(10). Section 27-10-3(a) provides that an unauthorized insurer may not institute an action “in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state .”
— Ala. Code § 27-1-2(2) — 2 cases
HealthAmerica v. Menton, 551 So. 2d 235 (Ala. 1989).
“" Section 27-1-2(2) defines "insurer" for the purposes of Title 27 as follows: "Every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance.”
— Ala. Code § 27-1-2(3) — 2 cases
HealthAmerica v. Menton, 551 So. 2d 235 (Ala. 1989).
“" Section 27-1-2(2) defines "insurer" for the purposes of Title 27 as follows: "Every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance.”
— Ala. Code § 27-1-2(7) — 1 case
Burlington Ins. v. Fluid Servs., Inc., 13 So. 3d 965 (Ala. Civ. App. 2008).
“” Ala.Code 1975, § 27-1-2(10). Section 27-10-3(a) provides that an unauthorized insurer may not institute an action “in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state .”
— Ala. Code § 27-1-2(8) — 2 cases
Burlington Ins. v. Fluid Servs., Inc., 13 So. 3d 965 (Ala. Civ. App. 2008).
“” Ala.Code 1975, § 27-1-2(10). Section 27-10-3(a) provides that an unauthorized insurer may not institute an action “in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state .”
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