What Representations and Warranties Insurance Requirements Apply in Alabama?

Alabama generally allows 6 years under Ala. Code § 6-2-34 for actions founded on a contract not under seal, subject to claim-specific exceptions and accrual rules. That statutory filing period does not set the survival date negotiated for each representation or the insurer’s reporting window; if Alabama is the insured’s home state, the surplus-lines tax rate is 6%.

What Is Representations and Warranties Insurance?

Representations and warranties insurance can cover a buyer’s or seller’s loss from inaccurate statements in a stock or asset purchase agreement. For a business sale, check who is insured, who can recover and how known issues are treated. Read the national Representations and warranties guide.

What to Watch for With Representations and Warranties in Alabama

  • Separate The Statute From The Survival Schedule

    Ala. Code § 6-2-34 provides 6 years for actions founded on a contract not under seal. Ask deal counsel to list a separate survival end date for each representation, then compare those dates with the insurer’s claim-reporting deadline. 1

  • Confirm When A Contract Claim Accrues

    Alabama measures the cited contract period from accrual; Ala. Code § 6-2-34 covers actions founded on a contract not under seal. For an R&W placement, ask counsel to identify the alleged breach date and put it beside the purchase-agreement survival date and policy notice deadline. 1

  • Show Home-State Tax In The Closing Costs

    Federal law assigns nonadmitted premium-tax authority to the insured’s home state. If Alabama is the home state for your R&W policy, 6% of taxable surplus-lines premium applies under Code of Alabama § 27-10-31: Annual Tax of Surplus Line Brokers. Ask the broker to state the tax base and any separate stamping or filing charge in the closing funds flow. 3,2

Providers With Alabama License Records

These providers publish a national listing for Representations and warranties; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Alabama. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 16

    Corgi lists representations and warranties insurance for M&A buyers and sellers.

Who Regulates Insurance in Alabama?

Alabama Department of Insurance

The Alabama Department of Insurance oversees insurers and licensed producers, reviews insurance filings, and takes consumer complaints. Its online services page links directly to Alabama company and agent searches, licensing resources, and complaint filing. 4,5,6

Surplus-Lines Tax and Stamping Office in Alabama

Reported tax rate. 6% of taxable surplus-lines premium 7,8,10,9,13

Alabama’s 6% tax applies to surplus-lines premium when Alabama is the insured’s home state; until the state’s multistate compact clearinghouse is operational, Alabama guidance says 100% of the premium on a multistate policy is taxed here. Separately charged policy fees are taxable. Surplus-lines policies do not receive Alabama guaranty-fund protection if the insurer becomes insolvent.

  • Alabama's diligent-search rule has two exceptions: A broker generally must make diligent effort before a surplus-lines placement; Alabama guidance says three declinations satisfy it. For an exempt commercial purchaser, 15 U.S.C. § 8205 removes that search only after the broker discloses the admitted-market protection difference and the purchaser then requests placement in writing. 9,11,12

Questions to Ask Before You Buy Representations and Warranties in Alabama

  1. Which Alabama limitation period and accrual rule apply to each seller representation, and does the governing-law clause point to a different state?
  2. Can you put each negotiated representation survival date, the escrow release date, and the policy reporting deadline on one closing calendar?
  3. If the policy is placed on a surplus-lines basis, is Alabama the insured’s home state, what tax base applies, and who remits the tax?
  4. Which state bulk-sale notice, tax-clearance, or successor-liability issues should the deal team evaluate for this asset or stock purchase?

Representations and Warranties Insurance in Alabama: FAQ

How long is the written-contract limitation period in Alabama?

6 years under Ala. Code § 6-2-34 for actions founded on a contract not under seal. Accrual, claim classification, and statutory exceptions can change which period applies. 1

Does Alabama’s contract limitation period set the R&W survival period?

No. Ala. Code § 6-2-34 sets a court-filing limit for actions founded on a contract not under seal; it does not set the negotiated survival end date for a representation or the separate deadline to notify the insurer. 1

What surplus-lines tax applies to an R&W policy in Alabama?

6% of taxable surplus-lines premium when Alabama is the insured’s home state, under Code of Alabama § 27-10-31: Annual Tax of Surplus Line Brokers. Federal law assigns the premium-tax obligation to the home state; ask the broker to show the home-state and tax calculation on the closing statement. 2,3

Representations and Warranties Insurance Guides for Other States

Other coverage in AlabamaEvery coverage guide for Alabama, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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