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6-11-56
Section 6-11-56 Waiver; choice of law; procedures for life-contingent rights; liability. (a)
The provisions of this article may not be waived by any payee. (b) Any transfer agreement
entered into on or after July 1, 2006, by a payee who resides in this state shall provide
that disputes under the transfer agreement, including any claim that the payee has breached
the agreement, shall be determined in and under the laws of this state. Such a transfer agreement
shall not authorize the transferee or any other party to confess judgment or consent to entry
of judgment against the payee. (c) No transfer of structured settlement payment rights shall
extend to any payments that are life-contingent unless, prior to the date on which the payee
signs the transfer agreement, the transferee has established and has agreed to maintain procedures
reasonably satisfactory to the annuity issuer and the structured settlement obligor for (1)
periodically confirming the payee's survival, and (2) giving the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-56.htm - 2K - Match Info - Similar pages
6-11-51
of Section 130 of the United States Internal Revenue Code, United States Code Title 26, as
amended from time to time. (11) RESPONSIBLE ADMINISTRATIVE AUTHORITY. With respect to a structured
settlement, any government authority vested by law with exclusive jurisdiction over the settled
claim resolved by such structured settlement. (12) SETTLED CLAIM. The original tort claim
resolved by a structured settlement. (13) STRUCTURED SETTLEMENT. An arrangement for periodic
payment of damages for personal injuries or sickness established by settlement or judgment
in resolution of a tort claim. (14) STRUCTURED SETTLEMENT AGREEMENT. The agreement, judgment,
stipulation, or release embodying the terms of a structured settlement. (15) STRUCTURED SETTLEMENT
OBLIGOR. With respect to any structured settlement, the party that has the continuing obligation
to make periodic payments to the payee under a structured settlement agreement or a qualified
assignment agreement. (16) STRUCTURED SETTLEMENT...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-51.htm - 5K - Match Info - Similar pages
6-11-55
Section 6-11-55 Application for approval of transfer; notice. (a) An application under this
article for approval of a transfer of structured settlement payment rights shall be made by
the transferee and may be brought in the county in which the payee resides, in the county
in which the structured settlement obligor or the annuity issuer maintains its principal place
of business, or in any court or before any responsible administrative authority which approved
the structured settlement agreement. (b) Not less than 20 days prior to the scheduled hearing
on any application for approval of a transfer of structured settlement payment rights under
Section 6-11-53, the transferee shall file with the court or responsible administrative authority
a notice of the proposed transfer and the application for its authorization. Such notice and
application shall include all of the following: (1) A copy of the transferee's application.
(2) A copy of the transfer agreement. (3) A copy of the disclosure...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-55.htm - 2K - Match Info - Similar pages
6-11-54
Section 6-11-54 Effects of transfer of rights. (a) Following a transfer of structured settlement
payment rights under this article: (1) The structured settlement obligor and the annuity issuer
shall, as to all parties except the transferee, be discharged and released from any and all
liability for the transferred payments. (2) The transferee shall be liable to the structured
settlement obligor and the annuity issuer in the following cases: a. If the transfer contravenes
the terms of the structured settlement, for any federal or state income taxes, interest, fees,
and penalties incurred by the parties, including the annuity issuer and structured settlement
obligor, as a consequence of the transfer. b. For any other liabilities or costs, including
reasonable costs and attorneys' fees, arising from compliance by the parties with the order
of the court or responsible administrative authority or arising as a consequence of the transferee's
failure to comply with this article. (b) Neither...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-54.htm - 1K - Match Info - Similar pages
6-11-53
Section 6-11-53 Advanced approval by court required; hearing. No direct or indirect transfer
of structured settlement payment rights shall be effective and no structured settlement obligor
or annuity issuer shall be required to make any payment directly or indirectly to any transferee
of structured settlement payment rights unless the transfer has been approved in advance in
a final court order or order of a responsible administrative authority based on express findings
by the court or responsible administrative authority, determined after a factual hearing,
of all of the following: (1) The transfer is in the best interest of the payee, taking into
account the welfare and support of the payee's dependents. (2) The payee has been advised
in writing by the transferee to seek independent professional advice regarding the transfer
and has either received such advice or knowingly waived such advice in writing. (3) The transfer
does not contravene any applicable statute or the order of any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-53.htm - 1K - Match Info - Similar pages
6-11-57
Section 6-11-57 Applicability. This article shall apply to any transfer of structured settlement
payment rights under a transfer agreement entered into on or after the 30th day after July
1, 2006; provided, however, that nothing contained herein shall imply that any transfer under
a transfer agreement reached prior to such date is either effective or ineffective. (Act 2006-628,
p. 1714, ยง8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-57.htm - 700 bytes - Match Info - Similar pages
27-44-3
Section 27-44-3 Scope of chapter. (a) This chapter shall provide coverage for the policies
and contracts specified in subsection (b) as follows: (1) To persons who, regardless of where
they reside (except for non-resident certificate holders under group policies or contracts),
are the beneficiaries, assignees, or payees of the persons covered under subdivision (2).
(2) To persons who are owners of or certificate holders under the policies or contracts, other
than structured settlement annuities, and in each case who are either of the following: a.
Residents b. Not residents, but only under all of the following conditions: 1. The insurer
that issued the policies or contracts is domiciled in this state. 2. The states in which the
persons reside have associations similar to the association created by this chapter. 3. The
persons are not eligible for coverage by an association in any other state due to the fact
the insurer was not licensed in the state at the time specified in the state's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-3.htm - 12K - Match Info - Similar pages
27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-8.htm - 24K - Match Info - Similar pages
6-11-52
Section 6-11-52 Disclosure statement. Not less than three days prior to the date on which a
payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure
statement, in bold type no smaller than 14 points, setting forth all of the following: (1)
The amounts and due dates of the structured settlement payments to be transferred. (2) The
aggregate amount of the payments. (3) The discounted present value of the payments to be transferred,
which shall be identified as the "calculation of current value of the transferred structured
settlement payments under federal standards for valuing annuities," and the amount of
the applicable federal rate used in calculating the discounted present value. (4) The gross
advance amount. (5) An itemized listing of all applicable transfer expenses, other than attorneys'
fees and related disbursements payable in connection with the transferee's application for
approval of the transfer, and the transferee's best estimate of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-52.htm - 1K - Match Info - Similar pages
27-44-5
territories, or protectorates that do not have an association similar to the association created
by this chapter, shall be deemed residents of the state of domicile of the insurer that issued
the policies or contracts. (19) STATE. A state, the District of Columbia, Puerto Rico, and
a United States possession, territory, or protectorate. (20) STRUCTURED SETTLEMENT ANNUITY.
An annuity purchased in order to fund periodic payments for a plaintiff or other claimant
in payment for or with respect to personal injury suffered by the plaintiff
or other claimant. (21) SUPPLEMENTAL CONTRACT. A written agreement entered into for the distribution
of proceeds under a life, disability, or annuity policy or contract. (22) UNALLOCATED ANNUITY
CONTRACT. An annuity contract or group annuity certificate which is not issued to and owned
by an individual, except to the extent of any annuity benefits guaranteed to an individual
by an insurer under the contract or certificate. (Acts 1982, No. 82-561, p. 922,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-44-5.htm - 7K - Match Info - Similar pages
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