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25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
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27-31-18
Section 27-31-18 Subscribers; exchange of insurance contracts; liability of representatives.
Individuals, partnerships, and corporations of this state may make application, enter into
agreement for, and hold, policies or contracts in, or with, and be a subscriber of any domestic,
foreign, or alien reciprocal insurer. Any corporation now or hereafter organized under the
laws of this state shall, in addition to the rights, powers, and franchises specified in its
articles of incorporation, have full power and authority as a subscriber to exchange insurance
contracts through such reciprocal insurer. The right to exchange such contracts is hereby
declared to be incidental to the purposes for which such corporations are organized and to
be as fully granted as the rights and powers expressly conferred upon such corporations. Government
or governmental agencies, state or political subdivisions thereof, boards, associations, estates,
trustees, or fiduciaries are authorized to exchange...
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10A-1-1.08
Section 10A-1-1.08 Short titles. (a) The provisions of this title as described by this section
may be cited as provided by this section. (b) Chapter 2A and the provisions of Chapter 1 to
the extent applicable to business corporations may be cited as the Alabama Business Corporation
Law. (c) Chapter 3 and the provisions of Chapter 1 to the extent applicable to nonprofit corporations
may be cited as the Alabama Nonprofit Corporation Law. (d) Chapter 4 and the provisions of
Chapter 1 to the extent applicable to professional corporations may be cited as the Alabama
Professional Corporation Law. (e) Chapter 5A and the provisions of Chapter 1 to the extent
applicable to limited liability companies may be cited as the Alabama Limited Liability Company
Law. (f) Chapter 8A and the provisions of Chapter 1 to the extent applicable to general partnerships
may be cited as the Alabama Partnership Law. (g) Chapter 9A and the provisions of Chapter
1 to the extent applicable to limited partnerships may...
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10A-2A-7.32
Section 10A-2A-7.32 Stockholder agreements. (a) An agreement among the stockholders of a corporation
that complies with this section is effective among the stockholders and the corporation even
though it is inconsistent with one or more other provisions of this chapter in that it: (1)
eliminates the board of directors or restricts the discretion or powers of the board of directors;
(2) governs the authorization or making of distributions, regardless of whether they are in
proportion to ownership of stock, subject to the limitations in Section 10A-2A-6.40; (3) establishes
who shall be directors or officers of the corporation, or their terms of office or manner
of selection or removal; (4) governs, in general or in regard to specific matters, the exercise
or division of voting power by or between the stockholders and directors or by or among any
of them, including use of weighted voting rights or director proxies; (5) establishes the
terms and conditions of any agreement for the transfer...
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27-27-49.1
Section 27-27-49.1 Recovery. (a) If an order for liquidation or rehabilitation of a domestic
insurer has been entered, the receiver appointed under such order shall have a right to recover
on behalf of the insurer, (i) from any parent corporation or holding company or person or
affiliate who otherwise controlled the insurer, the amount of distributions (other than distributions
of shares of the same class of stock) paid by the insurer on its capital stock, or (ii) any
payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment
made by the insurer or its subsidiary to a director, officer, or employee, where the distribution
or payment pursuant to (i) or (ii) is made at any time during the one year preceding the petition
for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations
of subsections (b), (c), and (d) of this section. (b) No such distribution shall be recoverable
if the parent or affiliate shows that...
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27-29-11.1
Section 27-29-11.1 Recovery rights of receivers. (a) If an order for liquidation or rehabilitation
of a domestic insurer has been entered, the receiver appointed under the order shall have
a right to recover on behalf of the insurer, (1) from any parent corporation, holding company,
person, or affiliate who otherwise controlled the insurer, the amount of distributions, other
than distributions of shares of the same class of stock, paid by the insurer on its capital
stock, or (2) any payment in the form of a bonus, termination settlement, or extraordinary
lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or
employee, where the distribution or payment pursuant to (1) or (2) is made at any time during
the one year preceding the petition for liquidation, conservation, or rehabilitation, as the
case may be, subject to the limitations of subsections (b), (c), and (d). (b) No distribution
shall be recoverable if the parent or affiliate shows that when...
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27-5A-9
Section 27-5A-9 Duties of reinsurers utilizing services of reinsurance intermediary-manager.
(a) A reinsurer shall not engage the services of any person, firm, association, or corporation
to act as a reinsurance intermediary-manager on its behalf unless such person is licensed
as required by subsection (b) of Section 27-5A-3. (b) The reinsurer shall annually obtain
a copy of statements of the financial condition of each reinsurance intermediary-manager which
such reinsurer has engaged prepared by an independent certified accountant in a form acceptable
to the commissioner. (c) If a reinsurance intermediary-manager establishes loss reserves,
the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of
loss reserves established for losses incurred and outstanding on business produced by the
reinsurance intermediary-manager. This opinion shall be in addition to any other required
loss reserve certification. (d) Binding authority for all retrocessional...
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11-94-1
Section 11-94-1 Definitions. Whenever used in this chapter, unless the context plainly indicates
otherwise, the present term shall include the future term, the singular shall include the
plural, the plural shall include the singular, the masculine shall include the feminine, and
the following words and phrases shall have the following meanings respectively ascribed to
them by this section: (1) AUTHORITY. A nonprofit public corporation organized pursuant to
the provisions of this chapter. (2) AUTHORIZING SUBDIVISION. Any county or municipality to
which application has been made for authority to incorporate an authority under this chapter.
(3) BOARD. The board of directors of an authority. (4) DIRECTOR. A member of the board of
directors of an authority. (5) COUNTY. Any county in this state that abuts on a navigable
river or through which a navigable river runs. (6) GOVERNING BODY. With respect to a county,
the county commission and, with respect to a municipality, the council,...
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10A-2A-8.42
Section 10A-2A-8.42 Standards of conduct for officers. Notwithstanding Division C of Article
3 of Chapter 1: (a) An officer, when performing in his or her capacity as such, has the duty
to act: (1) in good faith; (2) with the care that a person in a like position would reasonably
exercise under similar circumstances; and (3) in a manner the officer reasonably believes
to be in the best interests of the corporation. (b) The duty of an officer includes the obligation:
(1) to inform the superior officer to whom, or the board of directors or the board committee
to which, the officer reports of information about the affairs of the corporation known to
the officer, within the scope of the officer's functions, and known to the officer to be material
to that superior officer, board of directors or board committee; and (2) to inform his or
her superior officer, or another appropriate person within the corporation, or the board of
directors, or a board committee, of any actual or probable...
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22-21-358
while he or she was a board member, officer of the authority, or a physician acting as an agent
of such authority as stated above, against all judgments, fines, amounts paid in settlement
and reasonable expenses (including, without limitation, attorneys' fees actually and necessarily
incurred) as a result of any such action or proceeding, or any appeal therein; provided, however,
that nothing herein shall be construed as permitting indemnification of any person: a. In
connection with any malpractice action or proceeding arising out of or in any way connected
with such person's practice of his profession; b. In connection with an action or proceeding
by such authority in which a person is adjudged liable to such authority; or c. In connection
with any other action or proceeding in which such person is adjudged liable on the basis that
personal benefit was improperly received by such person. (8) To make any other indemnification
now or hereafter authorized by law; and (9) To have and...
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