27-42-12
Section 27-42-12 Exhaustion of rights; nonduplication of recovery. (a) Any person having a
claim under an insurance policy, whether or not it is a policy issued by a member insurer,
where the claim under the other policy arises from the same facts, injury, or loss
that gave rise to the covered claim against the association, shall be required first to exhaust
all coverage provided by any such policy. Any amount payable on a covered claim under this
chapter shall be reduced by the full applicable limits stated in the other insurance policy
and the association shall receive a full credit for the stated limits, or, where there are
no applicable stated limits, the claim shall be reduced by the total recovery. Notwithstanding
the foregoing, no person shall be required to exhaust any right under the policy of an insolvent
insurer. (1) A claim under a policy providing liability coverage to a person who may be jointly
and severally liable with, or a joint tortfeasor with, the person covered...
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10A-9A-6.07
Section 10A-9A-6.07 Liability to other persons of person dissociated as general partner. (a)
A person's dissociation as a general partner does not of itself discharge the person's liability
as a general partner for a debt, obligation, or liability of the limited partnership incurred
before dissociation. Except as otherwise provided in subsections (b) and (c), the person is
not liable for a limited partnership's debts, obligations, or liabilities incurred after dissociation.
(b) A person whose dissociation as a general partner resulted in a dissolution and winding
up of the limited partnership's activities and affairs is liable to the same extent as a general
partner under Section 10A-9A-4.04 on an obligation incurred by the limited partnership under
Section 10A-9A-8.04. (c) A person that has dissociated as a general partner but whose dissociation
did not result in a dissolution and winding up of the limited partnership's activities and
affairs is liable on a transaction entered into by...
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30-4-35
Section 30-4-35 Disposal of interest in real estate by spouse of insane person - Judgment to
be filed in probate office of county where real estate situated; filing cost. If the court
enters the judgment granting the relief sought, the register or clerk shall file a certified
copy of such judgment in the probate office of the county in which is situated the real estate
he desires to sell, convey, mortgage or otherwise dispose of. The cost of filing said judgment
shall be taxed as part of the costs in the case. (Acts 1933, Ex. Sess., No. 151, p. 141; Acts
1935, No. 394, p. 865; Code 1940, T. 34, §86.)...
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43-2-740
Section 43-2-740 Time and manner of filing claims - Generally. Every person having any claim
against the estate declared insolvent must file the same in the office of the judge of probate
as provided by subsection (b) of section 43-2-350. Any defect or insufficiency in the affidavit
may be supplied by amendment at any time. And when, prior to the declaration of insolvency,
a claim has been filed in the office of the judge of probate, as required by said section,
such claim shall be considered as duly filed under this section. (Code 1852, §1847; Code
1867, §2196; Code 1876, §2568; Code 1886, §2238; Code 1896, §306; Code 1907, §2774; Code
1923, §6013; Acts 1931, No. 721, p. 839; Code 1940, T. 61, §400.)...
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13A-7-60
Section 13A-7-60 Unlawfully taking possession of or going back into possession of real estate
after dispossession under legal process. Any person having no title or bona fide claim of
title thereto or right of possession, who enters upon any land, and on demand of the owner
or person entitled to the possession thereof, refuses to surrender such possession, or any
person or his privy, who, having been dispossessed of any real estate by an officer under
legal process from any court having jurisdiction of the subject matter; or any person or his
privy, who voluntarily surrenders possession of the lands as a result of a judgment of a court
of competent jurisdiction and goes back into the possession of such real estate by force or
otherwise; or who, having regained possession of such real estate, holds the same by force
or threats without having been restored to the possession of such real estate by an order
of a court of competent jurisdiction, shall, on conviction, be fined not less than...
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10A-8A-3.07
Section 10A-8A-3.07 Actions by and against partnership and partners. (a) A partnership may
sue and be sued in the name of the partnership. (b) An action may be brought against the partnership
and, except as provided in Section 10A-8A-3.06, against any or all of the partners in the
same action or in separate actions. (c) A judgment against a partnership is not by itself
a judgment against a partner. A judgment against a partnership may not be satisfied from a
partner's assets unless there is also a judgment against the partner. (d) A judgment creditor
of a partner may not levy execution against the assets of the partner to satisfy a judgment
based on a claim against the partnership unless the claim is for a debt, obligation, or liability
for which the partner is personally liable as provided in Section 10A-8A-3.06 and either:
(1) a judgment based on the same claim has been obtained against the partnership and a writ
of execution on the judgment has been returned unsatisfied in whole or...
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23-7-18
Section 23-7-18 Liability for bonds. Bonds, other financial assistance, and other obligations
issued by the bank shall not constitute an obligation or debt of this state, or any of its
political subdivisions, but shall be limited obligations of the bank payable solely from the
revenue, money, or property of the bank pledged for such purpose as provided in this chapter.
Any bonds, other financial assistance, or other obligations of the bank issued do not constitute
an indebtedness of the state or any of its political subdivisions within the meaning of any
constitutional or statutory limitation, and neither the full faith and credit nor the taxing
power of the state, or any of its political subdivisions, is pledged to the payment thereof.
No member of the bank or any person executing bonds, other financial assistance, or other
obligations of the bank is liable personally thereon by reason of their issuance or execution.
Each bond, other financial assistance, and other obligation issued...
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6-2-1
Section 6-2-1 Applicability of chapter - Generally. This chapter shall apply to and govern
claims in all courts, and shall apply whether the claim upon which an action is commenced
is based upon a debt or obligation of either legal or equitable nature. (Acts 1915, No. 487,
p. 547; Code 1923, §8955; Code 1940, T. 7, §31.)...
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6-5-252
Section 6-5-252 Demand for statement of debt and lawful charges by person entitled to redeem.
Anyone desiring and entitled to redeem may make written demand of the purchaser or his or
her transferees for a statement in writing of the debt and all lawful charges claimed by him
or her, and the purchaser or their transferees shall, within 10 days after the written demand,
furnish the person making the demand with a written, itemized statement of all lawful charges
claimed by him or her. The redeeming party must then tender all lawful charges to the purchaser
or his or her transferee. If the purchaser or his or her transferee fails to furnish a written,
itemized statement of all lawful charges within 10 days after demand, he or she shall forfeit
all claims or right to compensation for improvements, and the party so entitled to redeem
may, on the expiration of the 10 days, file his or her complaint without a tender to enforce
his or her rights under this article and file a lis pendens with...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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