§ 27-55-1 Short title
§ 27-55-2 Definitions
§ 27-55-3 Prohibited practices; disclosure of information
§ 27-55-4 Statement of reasons for adverse action
§ 27-55-5 Application
§ 27-55-6 Complaint; investigation; relief
§ 27-55-7 Enforcement
§ 27-55-8 Construction
§ 27-55-9 Search of files

Terms Used In Alabama Code > Title 27 > Chapter 55

  • abuse: The occurrence of one or more of the following acts by a family or household member, as defined by subdivision (3) of subsection (b) of Section 15-10-3:

    a. See Alabama Code 27-55-2

  • ABUSE STATUS: The fact that a person is or has been the subject of abuse and has sustained abuse-related medical conditions or has incurred abuse-related claims. See Alabama Code 27-55-2
  • ABUSE-RELATED CLAIM: A claim under an insurance policy or health benefit plan for a loss which resulted from an act of abuse as defined in this chapter. See Alabama Code 27-55-2
  • ABUSE-RELATED MEDICAL CONDITION: A medical condition sustained by a subject of abuse which arises in whole or in part out of an act or pattern of abuse as defined in this chapter. See Alabama Code 27-55-2
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 45-49-23.01
  • ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 45-49-23.01
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • commissioner: The Commissioner of the state Department of Insurance. See Alabama Code 27-55-2
  • CONFIDENTIAL ABUSE INFORMATION: Information about the acts of abuse or abuse status of a subject of abuse, the address and telephone number, home and work, of a subject of abuse, or the status of an applicant or insured as a family member, employer, or associate of, or a person in a relationship with a subject of abuse. See Alabama Code 27-55-2
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 45-49-23.01
  • EVIDENCE OF ABUSE: A court order, police report, medical report, or report from the Department of Human Resources, or a shelter for domestic violence victims, indicating that the insured is or has been the subject of abuse. See Alabama Code 27-55-2
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 45-49-23.01
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HEALTH BENEFIT PLAN: A policy, contract, certificate, or agreement offered by a health carrier to provide, deliver, arrange, pay for, or reimburse any of the costs of health care services or health care benefit. See Alabama Code 27-55-2
  • HEALTH CARRIER: A person or entity subject to regulation under this chapter who or which contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any costs of health care services including, without limitation, a sickness and accident insurance company, a health maintenance organization, mutual aid associations, a fraternal benefit society, a hospital service corporation, or any other entity providing a plan of health insurance, including entities created pursuant to Article 6 (commencing with Section 10A-20-6. See Alabama Code 27-55-2
  • insured: A party named on a policy or health benefit plan as the person with legal rights to the benefits provided by the policy or health benefit plan, except that for life insurance, insured means the person whose life is covered under the policy. See Alabama Code 27-55-2
  • insurer: A person or other legal entity engaged in the business of insurance in this state, including agents, brokers, adjusters, and third-party administrators. See Alabama Code 27-55-2
  • Intestate: Dying without leaving a will.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OTHER TERMS: Terms not otherwise defined by this chapter shall have the meanings given to them in this title, known as the Alabama Insurance Code. See Alabama Code 27-55-2
  • policy: A contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. See Alabama Code 27-55-2
  • preceding: means next before. See Alabama Code 1-1-1
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 45-49-23.01
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 45-49-23.01
  • SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 45-49-23.01
  • SUBJECT OF ABUSE: A person, including a minor child, against whom an act of abuse has been committed a. See Alabama Code 27-55-2
  • SUBSTANTIAL STOCKHOLDER OR SUBSTANTIAL PARTNER: A stockholder of or partner in the wholesaler who owns an interest of 25 percent or more of the partnership or of the capital stock of a corporate wholesaler. See Alabama Code 45-49-23.01
  • supplier: A manufacturer or importer of wine licensed by the board. See Alabama Code 45-49-23.01
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • wholesaler: A wholesaler of wine licensed by the board. See Alabama Code 45-49-23.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.