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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
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27-42-8
Section 27-42-8 Powers and duties. (a) The association shall: (1)a. Be obligated to pay covered
claims existing prior to the order of liquidation arising within 30 days after the order of
liquidation, or before the policy expiration date if less than 30 days after the order of
liquidation, or before the insured replaces the policy or causes its cancellation, if he or
she does so within 30 days of the order of liquidation. The obligation shall be satisfied
by paying to the claimant an amount as follows: 1. The full amount of a covered claim for
benefits under workers' compensation insurance coverage. 2. An amount not exceeding ten thousand
dollars ($10,000) per policy for a covered claim for the return of unearned premium. 3. An
amount not exceeding three hundred thousand dollars ($300,000) or the policy limits, whichever
is less, per claim for all covered claims. For purposes of this limitation, all claims of
any kind whatsoever arising out of, or related to, bodily injury or death to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-8.htm - 10K - Match Info - Similar pages
27-5B-11
Section 27-5B-11 Reinsurer not licensed, accredited, or certified - Additional trust agreement
requirements. If the assuming insurer does not meet the requirements of Section 27-5B-4, 27-5B-5,
or 27-5B-6, the credit permitted by Section 27-5B-7 or 27-5B-8 shall not be allowed unless
the assuming insurer agrees in the trust agreements to the following conditions: (1) Notwithstanding
any other provisions in the trust instrument, if the trust fund is inadequate because it contains
an amount less than the amount required by subsection (c) of Section 27-5B-7, or if the grantor
of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation,
or similar proceedings under the laws of its state or country of domicile, the trustee shall
comply with an order of the commissioner with regulatory oversight over the trust or with
an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner
with regulatory oversight all of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-11.htm - 2K - Match Info - Similar pages
36-19-15
Section 36-19-15 Lien for expenses of repair, etc., paid by Fire Marshal. The expense so paid
by the Fire Marshal shall be a lien on the property, including the real estate on which the
property is located. Such lien shall be superior and prior to all other liens on such property
except the lien for taxes assessed and due the state, county and municipality wherein said
property is located and vendor's lien, and the Fire Marshal shall institute legal proceedings
within 30 days after such payment to enforce said lien in any court of record, and the Fire
Marshal may enjoin one or more parties occupying the same or different premises in the same
action. In order to make the lien against said property valid and binding, the Fire Marshal,
his deputies or assistants shall immediately upon serving the order provided in this article
upon any party or parties file a copy of said order in the probate judge's office of the county
wherein said property is located and cause the same to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-19-15.htm - 1K - Match Info - Similar pages
5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-13B-115.htm - 3K - Match Info - Similar pages
6-6-624
Section 6-6-624 Appointment - Dissolution of attachments and levies of executions against corporations
or partnerships. The commencement of proceedings for the appointment of a receiver of a corporation
or a partnership shall dissolve all attachments and all levies of executions not completed
made within 60 days next preceding on the property of such corporation or partnership; but
if the property is subsequently taken from the receiver so that it cannot be made subject
to the orders of the court in the settlement of the affairs of said corporation or partnership
or if the receivership shall be terminated by order of the court pending the settlement of
the affairs of the corporation or partnership, said attachments and levies of execution shall
revive, and the time from the commencement of such proceedings to the time when the receiver
shall be dispossessed of the property, or the finding of the court that said property is not
subject to the orders of said court or when said trust...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-624.htm - 1K - Match Info - Similar pages
10A-2-14.23
Section 10A-2-14.23 Appeal from denial of reinstatement. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the Secretary of State denies a corporation's application for reinstatement following administrative
dissolution, he or she shall serve the corporation under Section 10A-1-5.31, 10A-1-5.35, or
10A-1-5.36 with a written notice that explains the reason or reasons for denial. (b) The corporation
may appeal the denial of reinstatement to the circuit court of the county where its articles
of incorporation are filed within 30 days after service of the notice of denial is perfected.
A corporation created by an act of the Legislature prior to the adoption of the Constitution
of Alabama of 1901, or which resulted from a merger or consolidation, may appeal to the Circuit
Court of Montgomery County. The corporation appeals by petitioning the court to set aside
the dissolution and attaching to the petition copies...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-14.23.htm - 1K - Match Info - Similar pages
26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-25.htm - 2K - Match Info - Similar pages
6-6-623
Section 6-6-623 Appointment - Partnerships; power of court to make orders relative to partnership
business, etc.; modification or vacation of appointment or orders. (a) When any partnership
shall be dissolved and the partners cannot agree upon the disposition of the partnership effects
and the settlement of the affairs of such partnership, either of them may apply to the circuit
court for the county in which either of said partners resides or in which the property of
such partnership is situated for the appointment of a receiver to hold the business and all
of the estate, both real and personal, belonging to such partnership and dispose of, manage
and apply the same as the said court may direct. Upon receiving such application, said court
shall forthwith appoint a day for the hearing upon the same and shall make such order relative
to notice of such application and of the hearing to the other partners as may be deemed proper.
The hearing shall be at least six days from the service of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-623.htm - 2K - Match Info - Similar pages
9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name of
the state, seeks enforcement of this article or of any rule, regulation or order issued under
this article, as provided in Section 9-17-17 or in any civil action where an interested party
seeks to test the validity of or enjoin the enforcement of this article or any rule, regulation
or order issued under this article as provided in Section 9-17-16, either party shall have
the right of an immediate appeal to the Supreme Court from any judgment or order therein granting
or refusing an injunction, whether temporary restraining order, preliminary injunction or
permanent injunction, or other character of injunctive relief, or from any order granting
or overruling a motion to dissolve such injunction. The manner of presenting any appeal as
provided for in this section shall be governed by the provisions of the rules and laws of
the State of Alabama regulating appeals in injunction proceedings. (Acts...
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