No person shall cause or permit to be made, issued, or circulated in any form:
(1) Any misrepresentation or false or misleading statement concerning the terms, benefits, or advantages of any fraternal insurance contract now issued, or to be issued, in this state or the financial condition of any society;
(2) Any false or misleading estimate or statement concerning the dividends or shares of surplus paid, or to be paid, by any society on any insurance contract; or
(3) Any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer for the purpose of inducing the lapse, forfeiture, or surrender of any insurance contract. A comparison of insurance contracts is incomplete:
a. If it does not compare in detail:
1. The gross rates and the gross rates less any dividend or other reduction allowed at the date of the comparison; and
2. Any increase in cash values and all the benefits provided by each contract for the possible duration thereof as determined by the life expectancy of the insured; or
b. If it omits from consideration:
1. Any benefit or value provided in the contract;
2. Any differences as to amount or period of rates; or
3. Any differences in limitations or conditions or provisions which directly or indirectly affect the benefits.
In any determination of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no knowledge of any of the contents of the contract involved.
(4) Any person who violates any provision of this section or knowingly receives any compensation or commission by or in consequence of such violation shall, upon conviction, be punished by a fine not less than $100.00 nor more than $1,000.00 or by imprisonment in the county jail not less than 30 days nor more than 90 days, or by both fine and imprisonment, and shall, in addition, be liable for a civil penalty in the amount of three times the sum received by such violator as compensation or commission, which penalty an action may be maintained for and recovered by any person or society aggrieved for his, or its, own use and benefit in accordance with the provisions of civil practice.
Structure Code of Alabama
Chapter 34 - Fraternal Benefit Societies.
Section 27-34-1 - Definitions.
Section 27-34-2 - Societies Deemed Operating on Lodge System.
Section 27-34-3 - When Society Deemed as Having Representative Form of Government.
Section 27-34-4 - Applicability of Chapter - Generally.
Section 27-34-5 - Applicability of Chapter - Exceptions.
Section 27-34-6 - License - Requirement; Renewal; Fee; Evidence.
Section 27-34-7 - License - Foreign or Alien Societies - Application; Qualifications.
Section 27-34-8 - License - Foreign or Alien Societies - Suspension, Revocation, or Refusal.
Section 27-34-9 - Articles of Incorporation - Contents.
Section 27-34-11 - Preliminary Certificate - Time to Complete Organization.
Section 27-34-12 - Preliminary Certificate - Initial Solicitations and Qualifications.
Section 27-34-13 - Certificate of Compliance.
Section 27-34-14 - Constitution and Laws; Powers.
Section 27-34-15 - Existing Incorporated Societies.
Section 27-34-16 - Incorporation of Existing Unincorporated Domestic Voluntary Associations.
Section 27-34-17 - Amendment of Articles of Incorporation, Constitution, or Laws.
Section 27-34-18 - Waiver of Societies' Laws and Constitution.
Section 27-34-20 - Creation, etc., of Charitable, Benevolent, or Educational Institutions.
Section 27-34-21 - Members - Qualifications for Membership.
Section 27-34-22 - Members - Payment of Equitable Part of Deficiency.
Section 27-34-23 - Benefits - Generally.
Section 27-34-24 - Benefits - Lives of Children.
Section 27-34-26 - Beneficiaries.
Section 27-34-27 - Exemption of Benefits, etc., From Attachment, Garnishment, or Other Process.
Section 27-34-28 - Personal Liability for Payment of Benefits.
Section 27-34-29 - Issuance of Certificate to Each Benefit Member; Matters Constituting Agreement.
Section 27-34-30 - Life Benefit Certificate - Filing With Commissioner; Standard Provisions.
Section 27-34-31 - Life Benefit Certificate - Prohibited Provisions.
Section 27-34-32 - Accident or Health and Total or Permanent Disability Insurance Contracts.
Section 27-34-33 - Reinsurance.
Section 27-34-34 - Assets; Funds; Expenses.
Section 27-34-35 - Investments.
Section 27-34-36 - Annual Statements - Requirements.
Section 27-34-37 - Annual Statements - Valuation of Certificates; Reserves.
Section 27-34-38 - Annual Statements - Failure to File.
Section 27-34-39 - Examinations - Domestic Societies.
Section 27-34-40 - Examinations - Foreign and Alien Societies.
Section 27-34-41 - Examinations - Publication of Financial Statement, Report, or Finding.
Section 27-34-42 - Exemption From Taxation.
Section 27-34-43 - Applicability of Chapters 7 and 8a.
Section 27-34-44 - Agents - Solicitation Without License.
Section 27-34-45 - Misrepresentations.
Section 27-34-46 - Discrimination, Inducements, and Rebates.
Section 27-34-47 - Service of Process.
Section 27-34-48 - Consolidation or Merger - Procedure.
Section 27-34-49 - Consolidation or Merger - Effect.
Section 27-34-50 - Actions to Enjoin or in Quo Warranto; Liquidation; Receivership.
Section 27-34-51 - Applications for Injunctions.
Section 27-34-52 - Review of Decisions and Findings of Commissioner.