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27-17A-44
Section 27-17A-44 Rights of seller. If the amounts paid by the purchaser under a preneed contract
for cemetery merchandise have previously been deposited in trust, the seller may withdraw
the principal amount there, at such time as the cemetery merchandise is delivered or installed
or, if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this section only, caskets and alternative containers
may not be held in storage by the seller or a third party storage facility prior to the death
of the funeral beneficiary. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
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45-33-71
Section 45-33-71 Performance of work or services on private property; written policy; contract.
(a) The Hale County Commission is hereby authorized and empowered, within Hale County, to
go upon private property and perform work or services for churches, schools, individuals,
and nonprofit associations or corporations and to sell materials to churches, schools, individuals,
and nonprofit associations or corporations subject to this section. (b) It is the intent of
this section to make available to the citizens of Hale County services only when such services
are not reasonably available to them at a reasonable cost from private enterprise. Upon May
17, 1981, and during the month of January each year thereafter, the county commission shall
investigate the availability of work, services, and material from private enterprise in the
various areas of Hale County and shall enter upon the minutes of the county commission the
results of such investigation. The county commission shall thereafter...
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34-13-3
Section 34-13-3 Construction and application of chapter. Nothing in this chapter shall be construed
to give any cemetery or cemetery authority or any other person or entity the right to enter
into or engage in any funeral home operation or the practice of embalming or funeral directing
or any related funeral home or funeral directing activities. Nor shall this chapter include
any temporary or occasional or extra help to assist in the conduct of a funeral employed on
such basis by a funeral director, provided such funeral is under the direct supervision of
a licensed funeral director. Nor shall this chapter require an out-of-state student to obtain
an Alabama apprenticeship for the purposes of attending mortuary school in the state, as long
as the student has an existing active apprenticeship or internship in his or her state of
residence. (Acts 1975, No. 214, p. 705, §11; Act 2017-433, §1; Act 2018-450, §1.)...
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27-17A-43
Section 27-17A-43 Cancellation of contract; withdrawal from trust fund. (a) Upon cancellation
of a preneed contract by mutual agreement between the seller and purchaser, or upon unilateral
cancellation of a preneed contract by the seller by reason of default on the part of the purchaser,
or other valid cancellation by reason of transfers to another seller or otherwise, the seller
may, upon submission of a certification under oath by a responsible officer of the seller
to the trustee, withdraw from the Cemetery Merchandise and Services Trust Fund and retain
an amount equal to the amount of all funds contributed to the trust fund with respect to the
preneed contract. Any trustee accepting preneed contract proceeds under this article may rely
on the seller's certification under oath as required herein to be made, and shall not be liable
to anyone for such reliance. (b) At such time as the seller undertakes to perform its obligations
under a preneed contract by delivery or installation, or...
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8-30-3
Section 8-30-3 Prohibited actions. It shall be unlawful for any cemetery: (1) To sell or offer
to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise
by means of any oral or written untrue statement of a material fact or any omission of a material
fact. (2) In connection with the offer, sale, or purchase of any cemetery property, burial
lot, burial rights, burial services, or burial merchandise, directly or indirectly: a. To
employ any device, scheme, or artifice to defraud. b. To engage in any transaction, act, practice,
or course of business which operates or would operate as a fraud or deceit upon the purchaser
or seller. (3) To sell or offer to sell any cemetery property, burial lot, burial rights,
burial services, or burial merchandise by means of any oral or written contract at a price
that is above the posted amount. (Acts 1995, No. 95-760, p. 1783, §3.)...
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27-19-103
Section 27-19-103 Definitions. Unless the context requires otherwise, the definitions in this
section apply throughout this article. (1) APPLICANT. In the case of: a. An individual long-term
care insurance policy, the person who seeks to contract for benefits. b. A group long-term
care insurance policy, the proposed certificate holder. (2) CERTIFICATE. Any certificate issued
under a group long-term care insurance policy, which policy has been delivered or issued for
delivery in this state. (3) COMMISSIONER. The Alabama Commissioner of Insurance. (4) GROUP
LONG-TERM CARE INSURANCE. A long-term care insurance policy which is delivered or issued for
delivery in this state and issued to any of the following: a. One or more employers or labor
organizations, or to a trust or to the trustees of a fund established by one or more employers
or labor organizations, or a combination thereof, for employees or former employees or a combination
thereof, or for members or former members or a...
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27-56-5
Section 27-56-5 Third-party payment. (a) No insurance policy, plan, or contract providing for
third-party payment or prepayment of health or medical expenses that provides coverage for
eye care services shall be issued or renewed after August 1, 2001, unless such insurance policy,
plan, or contract does the following: (1) Provides a covered person direct access to any eye
care provider participating in, or otherwise eligible to provide services under, the policy,
plan, or contract for all eye care services covered under the policy, plan, or contract, without
any referral or preapproval requirement, including, but not limited to, the following services,
if covered: a. Medical treatment of glaucoma. b. Postoperative eye care. (2) Ensures that
any list of medical or health care providers participating in, or otherwise eligible to provide
services under, the policy, plan, or contract includes eye care providers to the same extent
that such list includes other medical or health care...
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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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27-19A-12
Section 27-19A-12 Dental services - Coverages; fees; exceptions. (a) As used in this section,
the following terms shall have the following meanings: (1) COVERED PERSON. Any individual,
family, or family member on whose behalf third-party payment or prepayment of health or medical
expenses is provided under an insurance policy, plan, or contract providing for third-party
payment or prepayment of health care or medical expenses. (2) COVERED SERVICES. Dental care
services for which a reimbursement is available under an enrollee's plan contract, or for
which a reimbursement would be available but for the application of contractual limitations
such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums,
frequency limitations, alternative benefit payments, or any other limitation. (3) DENTAL CARE
PROVIDER. A licensed dentist. (4) DENTAL PLAN. Includes any policy of insurance which is issued
by a health care service contractor which provides for coverage of...
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8-36-2
Section 8-36-2 Cancellation of residential roofing contract; notice of cancellation; payments.
(a) A person who has entered into a written contract with a residential roofing contractor
to provide goods or services to be paid from the proceeds of a property and casualty insurance
policy may cancel the contract prior to midnight on the fifth business day if the insured
receives written notice from the insurer that all or any part of the claim or contract is
not a covered loss under the insurance policy or that the covered claim will not be sufficient
to cover the amount of the contract. Cancellation shall be evidenced by the insured giving
written notice of cancellation to the residential roofing contractor at the address stated
in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit
into the United States mail, postage prepaid and properly addressed to the residential roofing
contractor and, if given by electronic mail, shall be effective if sent to...
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