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6-5-482
Section 6-5-482 Limitation on time for commencement of action. (a) All actions against physicians,
surgeons, dentists, medical institutions, or other health care providers for liability, error,
mistake, or failure to cure, whether based on contract or tort, must be commenced within two
years next after the act, or omission, or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided further, that in no event may the action be commenced
more than four years after such act; except, that an error, mistake, act, omission, or failure
to cure giving rise to a claim which occurred before September 23, 1975, shall not in any
event be barred until the expiration of one year from such...
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7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
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40-5-20
Section 40-5-20 Garnishment of delinquent taxpayers - Notice. If the collector ascertains or
has just cause to believe that any person is indebted to, or has in his possession or under
his control any money, property, or choses in action belonging to any delinquent taxpayer
in his county, he shall forthwith serve upon such person a notice in writing to appear before
some court in the county having jurisdiction of the amount involved, naming the court, to
answer as garnishee and under oath whether he was indebted to such taxpayer at the time of
the service of the notice or at the time of making his answer, or whether he will be indebted
to him by any contract then existing, and if so, the amount of such indebtedness, and whether
he has in his possession, or under his control any and what money, property, or choses in
action belonging to such taxpayer; and in such notice he shall state the amount of the taxes
and fees due from such taxpayer. He shall also forthwith give such taxpayer, if...
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8-39-4
Section 8-39-4 Refund or replacement for assistive device with a non comformity. (a) If the
manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available
for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually
repaired, the manufacturer shall be required to provide a refund or replacement of the device,
whichever is requested by the consumer or the agency, as follows: (1) If the consumer or the
agency requests a refund for a device that was purchased, the manufacturer shall refund to
the consumer and to any holder of a perfected security interest in the assistive device of
the consumer, as their interest may appear, the full purchase price plus any finance charge
or sales tax paid by the consumer at the point of sale and any collateral costs incurred by
the consumer, less a reasonable allowance for use. When the manufacturer provides the refund,
the consumer or the agency shall return the assistive device having the...
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27-7-30.2
Section 27-7-30.2 Liability for disclosure of information, etc. (a) In the absence of actual
malice, an insurer, the authorized representative of the insurer, a producer, the commissioner,
or an organization of which the commissioner is a member and that compiles the information
and makes it available to other insurance commissioners or regulatory or law enforcement agencies
shall not be subject to civil liability, and a civil cause of action by a producer or other
person named in the report as having acted in concert with the producer of any nature shall
not arise against these entities or their respective agents or employees, as a result of any
statement or information required by or provided pursuant to Section 27-7-30, or any information
relating to any statement that may be requested in writing by the commissioner, from an insurer
or producer; or a statement by a terminating insurer or producer to an insurer or producer
limited solely and exclusively to whether a termination for...
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41-9-351
Section 41-9-351 Commission may provide for insurance for properties and employees. (a) The
commission may provide insurance covering loss or damage to its properties or any properties
of others in its custody, care, or control or any properties as to which it has any insurable
interest caused by fire or other casualty and may likewise provide insurance for the payment
of damages on account of the injury or death of persons and the loss or destruction of properties
of others, and may pay the premiums out of the revenues of the commission. Nothing in this
section shall be construed to authorize or permit the institution of any civil action or proceeding
in any court against the commission for or on account of any matter referred to in this section.
Any contracts of insurance authorized by this section may, in the discretion of the chair
of the commission, provide for a direct right of action against the insurance carrier for
the enforcement of any claims or causes of action. (b) The...
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41-9-961
Section 41-9-961 Insurance; civil actions; liability. (a) The commission may provide insurance
covering loss or damage to its properties or any properties of others in its custody, care,
or control, or any properties as to which it has any insurable interest caused by fire or
other casualty and may likewise provide insurance for the payment of damages on account of
the injury to or death of persons and the loss of or destruction of properties of others,
and may pay the premiums out of the revenues of the commission. Nothing in this section shall
be construed to authorize or permit the institution of any civil action or proceeding in any
court against the commission for or on account of any matter referred to in this section;
provided, any contracts of insurance authorized by this section may, in the discretion of
the chair of the commission, provide for a direct right of action against the insurance carrier
for the enforcement of any claims or causes of action. (b) The liability under...
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45-30A-50.17
Section 45-30A-50.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. An employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within seven days of the
date on which the disciplinary action was taken and request a hearing before the board. Within
seven days after receipt of the protest, his or her appointing authority shall file with the
chair of the board and mail to the employee by certified mail a...
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45-35-120.17
Section 45-35-120.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. Any employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within not less than seven
days and not more than 30 days of the date on which the disciplinary action was taken and
request a hearing before the board. Within 14 days after receipt of the protest, his or her
appointing authority shall file with the chair of the board and mail to...
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8-32-2
Section 8-32-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the
administration of service contracts or the service contracts plan or to make the filings required
by this chapter. (2) COMMISSIONER. The Commissioner of Insurance of this state. (3) CONSUMER.
A natural person who buys, primarily for personal, family, or household purposes, and not
for resale, any tangible personal property normally used for personal, family, or household
purposes and not for commercial or research purposes. (4) MAINTENANCE AGREEMENT. A contract
of limited duration that provides for scheduled maintenance only. (5) MANUFACTURER. A person
that is one of the following: a. A manufacturer or producer of property that sells the property
under its own name or label. b. A subsidiary of the person who manufactures or produces the
property. c. A corporation which owns at least 80 percent of the...
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