(a) No basic insurance policy or annuity contract form or application form where written application is required and is to be made a part of the policy, or contract, or printed rider, or endorsement form or form of renewal certificate shall be delivered or issued for delivery in this state unless the form has been filed with, and approved by, the commissioner. This subsection shall not apply to surety bonds or to specially rated inland marine risks, nor to policies, riders, endorsements, or forms of unique character designed for, and used with, relation to insurance upon a particular subject or which relate to the manner of distribution of benefits or to the reservation of rights and benefits under life or disability insurance policies and are used at the request or with the consent of the individual policyholder, contract holder, or certificate holder. As to group insurance policies effectuated and delivered outside this state, but covering persons resident in this state, the group certificates to be delivered or issued for delivery in this state shall be filed, for the commissioner’s information only, with the commissioner at his request. As to forms for use in property, marine, other than wet marine and transportation insurance, casualty and surety insurance coverages, the filing required by this subsection may be made by rating organizations on behalf of its members and subscribers; but this subsection shall not be deemed to prohibit any such member or subscriber from filing any such forms on its own behalf.
(b) Every such filing shall be made not less than 30 days in advance of any such delivery. At the expiration of such 30 days, the form so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner. Approval of any such form by the commissioner shall constitute a waiver of any unexpired portion of such waiting period. The commissioner may extend, by not more than an additional 30 days, the period within which he may so affirmatively approve or disapprove any such form, by giving notice of such extension before expiration of the initial 30-day period. At the expiration of any such period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form shall be deemed approved. The commissioner may, at any time, after notice and for cause shown, withdraw any such approval.
(c) Any order of the commissioner disapproving any such form or withdrawing a previous approval shall state the grounds therefor and the particulars thereof in such detail as reasonably to inform the insurer thereof.
(d) The commissioner may, by order, exempt from the requirements of this section for so long as he deems proper any insurance document or form, or type thereof, as specified in such order, to which, in his opinion, this section may not practicably be applied or the filing and approval of which are, in his opinion, not desirable or necessary for the protection of the public.
(e) Appeals from orders of the commissioner disapproving any such form or withdrawing a previous approval may be taken as provided in Section 27-2-32.
(Acts 1971, No. 407, p. 707, §321.)
Notes of Decisions
Aetna Ins. Co. v. Word, 611 So. 2d 266 (Ala. 1992).
· cites it 7× “, is ‘just as good’ and relieves Aetna from meeting the requirements of the Alabama statute, Ala. Code 1975, § 27-14-8. Being a regulatory statute, § 27-14-8 must be strictly construed and followed.”
African Methodist Episcopal Church, Inc. v. Smith, 217 So. 3d 816 (Ala. 2016).
· cites it 6× “1992), this Court, in reliance on § 27-14-8, Ala. Code 1975, affirmed the trial court’s judgment based on its holding that the use of an unapproved endorsement form rendered that endorsement void.”
Allen v. State Farm Fire & Cas. Co., 59 F. Supp. 2d 1217 (S.D. Ala. 1999).
· cites it 4× “The insurance code requires the commissioner to approve policy forms and endorsements, see Ala. Code § 27-14-8 (a) (“No basic insurance policy or annuity contract form or application form where written application is required and is to be made a part of the policy, or contract,…”
State Farm Fire & Cas. Co. v. Slade, 747 So. 2d 293 (Ala. 1999).
“Code 1975 (stating that "[t]he commissioner may disapprove any [insurance policy] filed under Section 27-14-8 [(which includes a property-insurance policy)] or withdraw any previous approval thereof only if the [policy].”
Waikar v. Royal Ins. Co. of Am., 765 So. 2d 11 (Ala. Civ. App. 1999).
· cites it 7× “1992), for the proposition that proof that ISO has procured the approval of the Department of Insurance of language contained in an endorsement is insufficient proof that that endorsement has been approved pursuant to Ala.”
Peacock v. Cincinnati Ins. Co., 51 So. 3d 298 (Ala. 2010).
“See §§ 27-14-8, 27-14-9, and 32-7-23(a). The commissioner has the authority to investigate violations of the Insurance Code, including violations relating to insurance forms and rates.”
Alfa Specialty Ins. Co. v. Jennings, 906 So. 2d 195 (Ala. Civ. App. 2005).
“Among the laws in place when the MLIA was enacted was § 27-14-8, Ala.Code 1975, pursuant to which provisions of insurance policies, including policies of the nature at issue in the present case, must be approved by the Commissioner of Insurance.”
Grimes v. Alfa Mut. Ins. Co., 227 So. 3d 475 (Ala. 2017).
“Among the laws in place when the MLIA was enacted was § 27-14-8, Ala. Code 1975, pursuant to which provisions of insurance policies, including policies of the nature at issue in the present case, must be approved by the Commissioner of Insurance.”
Attorneys Ins. Mut. of Alabama, Inc. v. Alabama Dep't of Ins., 64 So. 3d 1 (Ala. Civ. App. 2010).
· cites it 4× “We also note that AIM, by complying with the filing requirements of § 27-14-8, could have accomplished its goal of providing legal-malpractice insurance coverage to those policyholders who were unable to make an annual lump-sum payment.”
Alabama Mut. Ins. Corp. v. City of Vernon, 178 So. 3d 350 (Ala. 2013).
“See §§ 27-14-8, 27-14-9, and 32-7-23(a). The commissioner has the authority to investigate violations of the Insurance Code, including violations relating to insurance forms and rates.”
— Ala. Code § 27-14-8(a) — 5 cases
Allen v. State Farm Fire & Cas. Co., 59 F. Supp. 2d 1217 (S.D. Ala. 1999).
“The insurance code requires the commissioner to approve policy forms and endorsements, see Ala. Code § 27-14-8 (a) (“No basic insurance policy or annuity contract form or application form where written application is required and is to be made a part of the policy, or contract,…”
Attorneys Ins. Mut. of Alabama, Inc. v. Alabama Dep't of Ins., 64 So. 3d 1 (Ala. Civ. App. 2010).
“We also note that AIM, by complying with the filing requirements of § 27-14-8, could have accomplished its goal of providing legal-malpractice insurance coverage to those policyholders who were unable to make an annual lump-sum payment.”
— Ala. Code § 27-14-8(b) — 1 case
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