(a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (b) of this section.
(b) No offset shall be allowed in favor of any such person where:
(1) The obligation of the insurer to such person would not at the date of the entry of any liquidation order or otherwise, as provided in Section 27-32-26, entitle him to share as a claimant in the assets of the insurer;
(2) The obligation of the insurer to such person was purchased by, or transferred to, such person with a view of its being used as an offset; or
(3) The obligation of such person is to pay an assessment levied against the members of a mutual insurer or against the subscribers of a reciprocal insurer or is to pay a balance upon the subscription to the capital stock of a stock insurer.
Structure Code of Alabama
Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.
Section 27-32-1 - Definitions.
Section 27-32-2 - Purpose of Chapter; Construction Thereof.
Section 27-32-3 - Delinquency Proceedings - Jurisdiction; Venue; Appeal.
Section 27-32-4 - Delinquency Proceedings - Commencement; Grant or Denial of Application.
Section 27-32-5 - Injunctions and Restraining Orders.
Section 27-32-6 - Grounds - Rehabilitation of Domestic Insurers.
Section 27-32-7 - Grounds - Liquidation of Domestic or Alien Insurers.
Section 27-32-8 - Grounds - Conservation of Assets - Foreign Insurers.
Section 27-32-9 - Grounds - Conservation of Assets - Alien Insurers.
Section 27-32-10 - Grounds - Ancillary Liquidation of Foreign Insurers.
Section 27-32-11 - Orders - Rehabilitation of Domestic Insurers.
Section 27-32-12 - Orders - Liquidation - Domestic Insurers.
Section 27-32-13 - Orders - Liquidation - Alien Insurers.
Section 27-32-14 - Conservation or Liquidation of Property.
Section 27-32-15 - Conduct of Delinquency Proceedings - Domestic and Alien Insurers.
Section 27-32-16 - Conduct of Delinquency Proceedings - Foreign Insurers.
Section 27-32-17 - Claims in Delinquency Proceedings - Nonresidents Against Domestic Insurers.
Section 27-32-18 - Claims in Delinquency Proceedings - Residents Against Foreign Insurers.
Section 27-32-19 - Claims in Delinquency Proceedings - Form; Time; Notice and Hearing; Order.
Section 27-32-20 - Claims in Delinquency Proceedings - Priorities.
Section 27-32-21 - Attachment, Garnishment, and Execution.
Section 27-32-22 - Uniform Insurers Liquidation Act.
Section 27-32-23 - Deposit of Moneys Collected.
Section 27-32-24 - Exemption of Commissioner From Fees.
Section 27-32-25 - Loans to Facilitate Rehabilitation, etc., of Insurer.
Section 27-32-26 - Fixation of Rights and Liabilities on Liquidation of Insurer.
Section 27-32-27 - Voidable Transfers and Liens.
Section 27-32-28 - Priority of Compensation Owing Employees of Insurer.
Section 27-32-29 - Setoff of Credits and Debts.
Section 27-32-30 - Claims Upon Liquidation of Insurer - Allowance.
Section 27-32-31 - Claims Upon Liquidation of Insurer - Time to File.
Section 27-32-32 - Assessments - Commissioner's Report.
Section 27-32-33 - Assessments - Levy.
Section 27-32-34 - Assessments - Order to Pay - Generally.
Section 27-32-35 - Assessments - Order to Pay - Publication and Service.
Section 27-32-36 - Assessments - Order to Pay - Judgment.
Section 27-32-37 - Priority of Claims of Policyholders and Beneficiaries - Established.
Section 27-32-38 - Priority of Claims of Policyholders and Beneficiaries - Payment of Claims.
Section 27-32-39 - Priority of Claims of Policyholders and Beneficiaries - Reinsuring of Policies.
Section 27-32-41 - Priority of Claims of Policyholders and Beneficiaries - Liability of Receiver.