Code of Alabama

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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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45-49A-81.07
Section 45-49A-81.07 Payments by trustee; exemption from garnishment levy, etc. Directions
to the trustee for payments provided herein shall be signed by the regular constituted authorities
of the City of Prichard, Alabama. The trustee shall be protected in acting upon any direction
delivered to it which upon its face appears to be genuine. No portion of the pension and relief
funds shall, before or after its order for distribution be seized or held or be in anywise
subject to garnishment or levy or execution or attachment issued out of or by any court of
this state or any other state, so far as the same may be sought to respond to the payment
or satisfaction of any debt, demand, damage, claim, judgment, or decree against any beneficiary
in such fund, but shall be totally exempt therefrom. (Acts 1956, 1st Sp. Sess., No. 107, p.
154, §8; Acts 1963, No. 235, p. 636, §8.)...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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6-6-601
Section 6-6-601 Costs - Assessment. If an action under this article is maintained by the state
alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid
as in other state cases, but if any person is joined with the state as informant, judgment
must be entered against him for the costs if entered for the defendant. (Code 1852, §2667;
Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467;
Code 1923, §9946; Code 1940, T. 7, §1150.)...
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27-36A-2
Section 27-36A-2 Definitions. For purposes of this chapter, the following definitions shall
apply on or after the operative date of the valuation manual as defined by Section 27-36A-15:
(1) ACCIDENT AND HEALTH INSURANCE. Contracts that incorporate morbidity risk and provide protection
against economic loss resulting from accident, sickness, or medical conditions and as may
be specified in the valuation manual. (2) APPOINTED ACTUARY. A qualified actuary who is appointed
in accordance with the valuation manual to prepare the actuarial opinion required in subsection
(b) of Section 27-36A-4. (3) COMPANY. An entity, which (i) has written, issued, or reinsured
life insurance contracts, accident and health insurance contracts, or deposit-type contracts
in this state and has at least one such policy in force or on claim or (ii) has written, issued,
or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type
contracts in any state and is required to hold a...
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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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32-8-36
Section 32-8-36 Application for certificate with bond or cash. If the department is not satisfied
as to the ownership of the vehicle or that there are no undisclosed security interests in
it, the department may accept the application but shall either: (1) Withhold issuance of a
certificate of title until the applicant presents documents reasonably sufficient to satisfy
the department as to the applicant's ownership of the vehicle and that there are no undisclosed
security interests on it; or (2) As a condition of issuing a certificate of title, require
the applicant to file with the department a bond in the form prescribed by the department
and executed by the applicant, and executed by a person authorized to conduct a surety business
in this state. The bond shall be in an amount prescribed by the department and conditioned
to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or
person acquiring any security interest in it, and their respective...
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34-27-69
Section 34-27-69 Surety bond; suspension, etc., of license for violation of article; reinstatement;
relicensure; board must be notified of initiation, etc., of legal action. (a) Every applicant
for a license under this article, either original or renewal, shall furnish a surety bond
payable to the State of Alabama in the amount of $5,000 if a time-sharing salesman or $10,000
if a broker, with a surety company authorized to do business in Alabama, which bond shall
provide that the obligor therein will pay up to $5,000 or $10,000, respectively, the aggregate
sum of all judgments which may be recovered against such licensee for actual loss or damage
arising from his or her activities conducted under this article. Said bond shall be filed
with the Alabama Real Estate Commission prior to the issuance of such license. A new bond
or a renewal or continuation of the original bond shall be required for each licensing period.
If a continuous bond is filed with the commission prior to the...
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36-19-43
Section 36-19-43 Insurer or agents not liable for compliance with division; confidentiality;
testimony; violations. (a) In the absence of fraud or malice, no insurer, or person who furnishes
information on its behalf, shall be liable for damages in a civil action or subject to criminal
prosecution for any oral or written statement made or any other action taken that is necessary
to supply information required by this article. (b) The officials and departmental and agency
personnel receiving any information furnished pursuant to this article shall hold the information
in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(c) Any official referred to in Section 36-19-41 may be required to testify as to any information
in his possession regarding the fire loss of real or personal property in any civil action
in which any person seeks recovery under a policy against an insurance company for the fire
loss. (d) No person shall purposely refuse...
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