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6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury
advised of limitation. (a) In any action for injury whether in contract or in tort against
a health care provider based on a breach of the standard of care, the injured plaintiff and
spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain,
suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other
nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
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18-1A-284
Section 18-1A-284 Judgment not suspended by appeal if damages paid into probate court and bond
given. No appeal shall suspend the judgment or deprive the applicant of the right of entry,
provided the amount of the damages assessed for the parties who appeal or against whom an
appeal is taken shall have been paid into probate court in money and a bond shall have been
given in double the amount of such damage, with good and sufficient surety, to pay such damages
as the property owners may sustain. Said amount of damages may be paid into probate court
and said bond in double the amount of such damage, with good and sufficient surety, may be
given at the time of taking the appeal or at any time thereafter that the applicant may desire
the right of entry pending the appeal. (Acts 1985, No. 85-548, p. 802, ยง1615.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-284.htm - 1K - Match Info - Similar pages
2-22-13
Section 2-22-13 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Legal actions for recovery of penalty. In any case wherein the
licensee fails or refuses to make payment to the consumer of a penalty within the time required,
the consumer may institute legal action against the licensee for the recovery of such penalty
as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount
of the penalty and shall include a reasonable attorney's fee and court costs. In cases where
the licensee is required to pay the amount of any penalty to the commissioner for deposit
to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment
within the time required, the commissioner may institute legal action in a court of competent
jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee
following the 60-day payment period. (Acts 1969, No. 434, p....
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32-7-23
Section 32-7-23 Uninsured motorist coverage; "uninsured motorist" defined; limitation
on recovery. (a) No automobile liability or motor vehicle liability policy insuring against
loss resulting from liability imposed by law for bodily injury or death suffered by any person
arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or
issued for delivery in this state with respect to any motor vehicle registered or principally
garaged in this state unless coverage is provided therein or supplemental thereto, in limits
for bodily injury or death set forth in subsection (c) of Section 32-7-6, under provisions
approved by the Commissioner of Insurance for the protection of persons insured thereunder
who are legally entitled to recover damages from owners or operators of uninsured motor vehicles
because of bodily injury, sickness or disease, including death, resulting therefrom; provided,
that the named insured shall have the right to reject such coverage; and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-23.htm - 2K - Match Info - Similar pages
34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-9.htm - 4K - Match Info - Similar pages
27-5-11
Section 27-5-11 Limits of risk. (a) No insurer shall retain any risk on any one subject of
insurance, whether located or to be performed in this state or elsewhere, in an amount exceeding
10 percent of its surplus to policyholders. (b) A "subject of insurance," for the
purposes of this section, as to insurance against fire and hazards other than windstorm, earthquake,
and other catastrophic hazards, includes all properties insured by the same insurer which
are customarily considered by underwriters to be subject to loss or damage from the same fire
or the same occurrence of such other hazard insured against. (c) Reinsurance ceded as authorized
by Section 27-5-12 shall be deducted in determining risk retained. As to surety risks, deduction
shall also be made of the amount assumed by any established incorporated cosurety and the
value of any security deposited, pledged or held subject to the surety's consent and for the
surety's protection. (d) As to alien insurers, this section shall...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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32-7C-4
Section 32-7C-4 Coverage exclusions; disclosures. (a) Insurers that write automobile insurance
in this state may exclude any and all coverage afforded under the policy issued to an owner
or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is
logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride.
(b) The right to exclude all coverage may apply to any coverage included in an automobile
insurance policy, including, but not limited to, any of the following: (1) Liability coverage
for bodily injury and property damage. (2) Personal injury protection coverage as defined
by state law. (3) Uninsured and underinsured motorist coverage. (4) Medical payments coverage.
(5) Comprehensive physical damage coverage. (6) Collision physical damage coverage. (c) The
exclusions under this section shall apply notwithstanding any requirements under the Motor
Vehicle Safety-Responsibility Act, Chapter 7 of this title. (d) Nothing in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7C-4.htm - 5K - Match Info - Similar pages
37-15-5
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators
who have underground facilities within this state shall participate in and utilize the services
of the One-Call Notification System. (2) Operators that are members of the One-Call Notification
System on January 1, 2020, must remain members. (3) Operators with more than 25,000 customers
or 500 miles of facilities, that are not members, must join the One-Call Notification System
by January 1, 2021. (4) Operators that do not meet the thresholds described in subdivision
(2) or (3), must join the One-Call Notification System by January 1, 2022. (5) Operators of
electrical underground facilities that join the One-Call Notification System under the requirements
of subdivision (3) or (4) having less than five percent underground trench miles compared
to the total miles of line, are not subject to the membership costs until their underground
trench miles exceed the trench mile exemption. These...
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